.0 O^ 



o 0' 






....^^'-.:- 


' /• 




\' ■' 






.' .^% 




. .- ^^' ^' 






» V * ,0 


^ '/ 


^ yl'-"^ 


'% 


-''oo^ 


• 





C r. -- ,0 O^ 












:'^^'">.^-«^.^b:'^'^:./co-.v 



^ ' ,'\ 



.•^ -^H 



\^ 






x/. -^^ C^ 
















c^. 



"-i h- ' 



.^^ ^^ 
















.V 



■^■^ ">:. 









.^ ^c^. 






xV 









A 






xO^ oi.2J''A 






0^ 










-fj^ v^ 






^-^v- .- 



4 <?• 



v »• 












^ a « *■ \ 



X^ 



0^ .^ V '.% ^ ^^ ■ v>^ .- 0. ^ ' " " .0^" s-^ ',-^. 



'^. c'i 



C 



o ^ 









tN- 



\\ ..^ ' " * -^^ 



C 



0^^ c 



,0 o^ 



o 

o5 -r.. 



g5 U 



. :> .-l'^- 



•^r. ". "' .» A-' 



.-l.^' 



•^^. ^ 



t^lO.C- 



AUTOBIOGRAPHY: 



COLLATERAL REMIJ^ISCEMCES, ARGUMENTS /./V 

IMPORTAjYT causes, speeches, ADDRESSES, 

LECTURES, AMD OTHER W'RITIjYGS, 



SAMUEL A. FOOT, LLD., 

COUNSEIiLOB AT LAW, AND LATE JUDGE OF THE COURT OP APPEALS. 



1^ TWO VOLUMES. 



VOL I. 

AUTOBIOGRAPHY AND COLLATERAL 
REMINISCENCES. 



NEW YORK: 

1872. 







Entered according to Act of Congress, in the year 1872, by 

SAMUEL A. FOOT, 

In the Oflace of the Librarian of Congress, at Washing toii 



Electrotyped by Smith & McDotjgal, 82 Beekman Street, New York. 



PREFACE. 



TO MY CHILDREN.* 

The life of a lawyer is seldom identified with striking 
events or important national measures, which carry it on to the 
page of history. He may obtain, by learning, industry, en- 
ergy, perseverance, and self-denial, high professional distinc- 
tion. He may win and enjoy the respect and esteem of his 
professional brethren of the bar and of the bench, the admira- 
tion and gratitude of his clients, and the applause of all who 
witness his skill and listen to his forensic efforts ; and if to 
professional distinction he can add purity of morals, strict in- 
tegrity, amenity of manners, and especially a Christian walk 
and conversation, he will also secure the confidence, friendship, 
and affection of all who know him. His life will be one of 
great usefulness and a real blessing to the community in 
which he lives. Yet, when death comes, and the curtain falls 
upon the scene of his activity and usefulness, his neighbors 
and friends will mourn his loss, talk of his many excellencies, 
recount his professional efi'orts, and cherish his memory. But 
when the historian writes the annals of the period in which he 

* Although this work is addressed to " My Children," it is proper for 
me to state that it has not been submitted to them for perusal or exami- 
nation before publication. 



iv PREFACE. 

lived, his learning, talents, professional achievements, and 
virtues, will form no theme for his pen. The memory of them 
will have perished with his generation. 

My life has been mainly that of a laborious, persevering, 
earnest lawyer, and my studies have been principally directed 
to obtaining success in my profession. Absorbing and exact- 
ing as that profession always is, it was not allowed, however, 
entirely to engross me. It was never permitted to interfere 
with the discharge of my duty as a citizen. At a very early 
period of life, and some years before being entitled to vote — 
indeed, as soon as I understood the nature of our Government, 
the importance of the duty of exercising the right of suffrage 
intelligently was deeply impressed upon me, and I have never 
failed to discharge that duty. By classical and general read- 
ing, I increased my knowledge, strove to keep up with the 
progress of science, arts, and literature, and endeavored, as 
opportunity offered, by addresses, lectures, and writings, to 
benefit and improve my fellow-men. 

Several offices — executive, judicial, and legislative — have 
been held by me, and one of high grade, viz. : Judge of our 
Court of Appeals. Many important causes have been argued 
by me, several of which involved serious constitutional ques- 
tions. Some of my arguments have been published in full, 
others in substance, and others again only briefly noticed. I 
have written and delivered numerous political and literary 
addresses and lectures, many of which have been published, 
and some of them widely circulated, and have written many 
articles for public journals. Yet, when the history of this 
state and country shall be written, in the next or subsequent 
centuries, my name will probably not be mentioned, nor the 
names of many distinguished members of the bar with whom 



PREFACE. V 

I was associated, and who were ornaments of our profession, 
and blessings to our state and country. 

In the hope that some of my children and grandchildren 
may reach so high a position of honor and usefulness as to 
render their parentage an object of interest, also to stimulate 
and encourage them to live lives of industry, economy, purity, 
and holiness, I have determined now, in my seventy-fifth year, 
to write a plain and truthful autobiography — give an account 
of the incidents which have occurred during my life — append 
to it my arguments, addresses, and lectures, M'hich have been 
published or preserved, and my articles written for and pub- 
lished in public journals, and print a few copies for my chil- 
dren, grandchildren, and near relatives. 

Geneva, Februwry, 1S65. 



PORTRAITS. 



Page. 

Mr. Foot Vignette. 

Mrs. Foot 401 

JoHisr Foot 354 

Samuel C. Foot 356 

Alfred Foot 412 



AUTOBIOGRAPHY. 



IN 1849, Nathaniel Goodwin, of Hartford, Ct., distin- 
guished for his knowledge of the genealogies of the 
descendants of the first settlers of New England, published a 
volume of 360 pages, containing the genealogies of the de- 
scendants of Nathaniel Foot,* one of the fii'st settlers of the 
town of Weathersfield, in that state. 

By this volume it appears, that I am a lineal descendant 
in the seventh generation from this first settler of Weathers- 
field, who, with other emigrants from England, first located 
in the colony of Massachusetts Bay, in Watertown and other 
settlements in the vicinity of Boston, hut in a few years after- 
wards, and in 1636, left Massachusetts for Weathersfield, Ct., 
"Where they might better maintain their ministers, find 
larger accommodations for their cattle, and welcome more of 
their friends from England, who were suffering for the faith 
once delivered to the saints." 

This volume contains a full account of my ancestors and 
every thing of interest concerning them. At page 313 will be 
found a biographical notice of my brother, Ebenezer, written 
by me in 1848, at the request of our relatives and kinsmen in 
Connecticut, who were aiding Mr. Goodwin in collecting ma- 
terials for his volume. In this notice of my brother some ac- 
count is given of my parents and their family ; but it is far 
from being as full of my parents as my children should have. 

In 1775, when the Revolutionary War commenced, my 

* Some of his descendants spell the name with a final e, others with- 
out it — most of my branch without it. 



8 AUTOBIOGRAPHY 

father was thirty-three years old, and my mother thirty. My 
father then owned a farm of 150 acres in Watertown, Ct,, 
heino- the homestead of my grandfather, Dr. Thomas Foot, 
who gave it to my father, with whom he and my grandmother 
lived till they died, my grandfather in 1776, and my grand- 
mother in 1789. My jDarents were faithful and earnest Whigs. 
My father served in the militia of Connecticut, and responded 
to every call during the war. On two occasions every ahle- 
hodied man was taken from Watertown, and my mother was 
obliged to go into the field and labor to preserve and secure 
the crops. During the seven years of the war, from the pro- 
ducts of their farm, they paid the value of it in taxes, and 
every autumn, after gathering their crops, and setting aside 
sufficient to pay their taxes, they set apart what would be re- 
quired to feed and clothe themselves and children for the year, 
made a list of the rest, and sent it to the appropriate officer 
for the use of the army, and were paid for it in a currency 
v.^hich proved to be of no value. I recollect to have seen, 
when a boy, a large pile of this worthless paper in my father's 
drawer. We have now (1865) a very inadequate idea of the 
homely, yet inestimable virtues of industry, frugality, self- 
denial, and unpretending, yet unyielding public spirit, which 
our fathers and mothers practiced in their struggle for na- 
tional independence. I have heard my mother say, that she 
and father had only one drawing of tea during the whole war, 
and no molasses except what she made from cornstalks. My 
parents were not alone in the practice of these homely virtues. 
Thousands of men and women, heads of families in New Eng- 
Lind, did the same ; and to their humble, self-denying and 
persevering efibrts, was our young nation mainly indebted for 
r.uccess in its contest with the mother country. Their names, 
however, will never adorn a page of history, but their children 
r.nd their children's children may rightfully recall their virtues, 
record them in the family archives, and drink in the inspira- 
tion of their example.* 

* In the case of my parents, their patriotic spirit seems to have de- 
scended on their posterity. For in the present war to preserve our na- 



AND COLLATERAL REMINISCENCES. 9 

After the war my parents devoted all their energies to the 
education of their children. They applied the whole proceeds 
of their farm to that object, and laid up nothing for them- 
selves. My sisters had the best educational advantages that 
section of the country afforded ; and my second brother, John, 
received a liberal education. These strenuous efforts of my 
parents, and especially the hard labor performed by my father 
on the farm, broke him down in health and strength when 
about sixty years of age (1802), After that time, he was not 
able to do anything on the farm, not even to give directions 
for its management. This early decadence of my father 
obliged me, while yet a mere boy, only twelve years of age, to 
take charge of the farm, which I did under my mother's di- 
rection, and of •which a more full account will be given here- 
after in these pages. 

My parents were firm and earnest Christians, were mem- 
bers of the Congregational Church in Watertown, and faith- 
ful and consistent in the discharge of their religious duties. 
They kept the Sabbath with great strictness, and required all 
the members of their family to do the same. My father had 
a room in a long, one-story building, near the church, •••" which 
was about a mile and a quarter from his residence, where the 
members of his fomily, and particularly his children, were re- 
quired to spend the recess between the services. There some 
plain food was furnished, and there the children learned the 



tional life, five of my sons and eight of my nephews, sons and grandsons 
of my sisters, Davies, Lane, and York, have already (February, 1865) en- 
gaged in the military service of our country. Two of my sons and one 
of my nephews have yielded their lives in the contest, and one of my 
sons and two of my nephews been severely wounded. As for myself, 
age has prevented me from serving in the field, but I have done what I 
could for the country by writing, siDeaking, and pecuniary loans and con- 
tributions. 

* In the early part of this century, and probably at an earlier period, 
it was usual in New England to erect near the meeting-house a long, 
narrow^, one-story building, which was divided into rooms. These rooms 
were separately occupied by families of the congregation in the same way 
my father's was. 



10 AUTOBIOGRAPHY 

catechism, and all, parents and cliildren, read the Bible. This 
Sabbath-day room and my confinement in it, are among my 
earliest recollections. The rudiments of my education were 
acquired in the Old Red School-House, described in my ad- 
dress, delivered at Water town, on the 4th of September, 1854, 
on the dedication of the " Ever-Green Cemetery " in that 
town, and under the tuition of Mr. Punderson, also mentioned 
in that address.* I attended this school summer and winter 
until old enough to work on the farm, and after that only in 
the winter. As soon as I learned to read, my mother, by per- 
suasion and reward, induced me to read the Bible through, 
and learn the Westminster catechism. In consequence of the 
impaired health of my father, I began to labor on the farm 
in the summer, earlier than boys in that neighborhood gener- 
ally did. My impression is that I did not go to school in the 
summer after I was ten years old. During the years 1803 
and 1804, and the year 1805, till after the fall crops were 
gathered, being the thirteenth, fourteenth and fifteenth years 
of my age, I conducted the farm, as already mentioned, under 
the advice and direction of my mother. This obliged me thus 
early to learn how to do all kinds of farming work, more to 
enable me to see that the laborers we hired did their work 
properly, than to do the hard work myself ; but this led me 
to learn not only to plough, hoe, and make and repair fences, 
but also to mow, reap and cradle. The knowledge then ac- 
quired is still retained, and I am able now (1865) to teach 
men I employ how to plough, hoe, cradle, reap, mow, and 
make fences. The taste, too, for agricultural pursuits, which 
was acquired in those early and now distant years, has re- 
mained with me through life, and now gives me pleasure and 
employment. 

When I entered my teens, my oldest brother, Ebenezer, 
was in successful practice as a lawyer at Troy, in this state. 
My brother John was away from home most of the time, and 

* This address will be found, under its date, among my writings 
whicb are published with this autobiography in the order of their dates. 



AND COLLATERAL REMINISCENCES. H 

in such wretched health as to be unable, when at home, to 
render my parents any assistance. My sisters were all mar- 
ried and settled in life, except the youngest, Lavinia, next 
older than me. My parents had nothing but the farm, and 
had been obliged to sell some fifteen acres of that to clear 
themselves of debt. There seemed to be nothiDg before me 
but a life of hard work on the old farm, then greatly exhausted 
by continued cropping for years. There appeared to be no hope 
or prospect of an education for me, nor did I look forward to 
anything of the kind. 

But in the summer of 1805, my brother, Ebenezer, made a 
visit to Watertown, and proposed that I should leave home 
the following fall, after the crops were in, go to Troy, and 
live with him, saying he would take me into his office as a 
clerk, and give me a chance to become a lawyer. My mother 
was deeply grieved at the thought of parting with her 
youngest child, and the only one who could be of service to 
her on the farm, and assist her in supporting the family. But 
she knew it was best for me to go, and, after a few weeks of 
anxious thought and a severe struggle with her own feelings, 
she determined to sacrifice them and her own comfort for my 
welfare, and consented to my going. My father was too feeble 
in mind and body to have or express any opinion or wish on 
the subject. It has been told me, and I fear with too much 
truth, that one reason which induced my mother to part with 
me, was the necessity — she saw there was — of my being placed 
under a stronger supervision than she could exercise over me. 

After my mother had consented to part with me, an ar- 
rangement was made with my brother-in-law, Mr. Selah Sco- 
vill, to purchase a part of the old farm, and with my sister, 
his wife, come and live with my parents. 

In October, 1805, and about two months before I was 
fifteen years of age, a certain Monday morning was fixed upon 
as the time for me to leave, as by that time we expected all 
the fall crops would be gathered ; but from some cause, not 
now recollected, all the potatoes were not dug and brought 
into the cellar, and I worked alone in the field, with a cart and 



12 AUTOBIOGRAPHY 

oxen, and by the light of a lantern, till near twelve o'clock of 
the Saturday night previous to my leaving, to finish the gath- 
ering of the potatoes, so as not to be disappointed in starting 
the next Monday morning. On that morning, with five dol- 
lars in money and a pack containing a few clothes and some 
food, and which my mother weighed, and found its weight to 
be eleven pounds, I started on foot for Troy, in this state, a 
distance of about one hundred miles, I traveled the first day 
twenty-five miles, and reached Canaan Hollow — too far for the 
first day ; for, on rising the following morning, my limbs were 
so stiiF that I could scarcely walk. When hardly a mile from 
the tavern where I staid over night, a man seeming to have 
authority, probably some constable or selectman of the town, 
stopped me, and was about to take me up as a runaway, but 
the account I gave of myself was at last satisfactory to him, 
and he let me go on. Being small of my age, he seemed for 
awhile to doubt whether my parents could have allowed so 
small a boy to start afoot and alone on so long a journey. An 
honest look and a straight story, however, removed his doubts, 
though, as if not quite satisfied, he still stood in the road and 
kept his eye upon me, until a turn in the road took me out of 
his sight. On the fifth day, in the afternoon, I reached my 
brother's house in Troy. 

After a day or two, I commenced my clerkship in my 
brother's ofiice, and undertook to learn Latin, under the 
tuition of Mr. Jesse L. Billings, a young gentleman of liberal 
education, and a clerk in the ofiice. I continued in my 
brother's fomily and office a little over a year. My brother 
was absent a large portion of the time, attending courts in 
difierent counties of the state. I was the errand boy for the 
house and the office ; no fixed hours of study were assigned 
me ; my evenings were generally spent with playmates in the 
street ; and on the whole, my year and one month in Troy as 
a lawyer's clerk were poorly spent. I made some progress in 
Latin, learned the grammar, though imperfectly, and read, or 
tried to read, about a book and a half of Virgil's ^neid. My 
indifferent progress should not be charged, however, to my 



AND COLLATEBAL REMINISCENCES. 13 

tutor. Mr. Billings was a highly respectable and worthy 
young man, and became a prominent and successful lawyer 
and an estimable citizen of Wasliington county, in this state. 
He no doubt did the best he could with me. 

Two of my most intimate playmates and street compan- 
ions in Troy have become eminent Christians, and wealthy, 
liberal, and distinguished citizens. One is Henry Young, of 
the city of New York, and the other Jedediah Huntington, 
of Norwich, Connecticut. When I recall the manner in which 
we passed our evenings, the many pieces of mischief we com- 
mitted, and the little promise either of us then gave of future 
usefulness and respectability, I cannot but exclaim, " Oh ! 
the infinite mercy of a gracious God ! " 

In December, 1806, my brother sent me to Schenectady, 
and placed me in the grammar school of Union College. This 
school was a part of the college and under its government. 
The pupils lodged in the college buildings, and ate at com- 
mons Avith the under graduates. Mr. Thomas McAulcy, one 
of the professors of the college, had the immediate charge of 
the school. He directed the studies and inflicted the punish- 
ments. The scholars studied in a large room, where he gen- 
erally presided. When I entered the school, which was at 
the beginning of the winter term, a copy of the laws of the 
college was handed to me to read and observe. One of them 
prohibited the students from leaving their rooms during the 
hours of study ; another, from going into the city during those 
hours without special permission. 

I am now going to relate an incident which, though trivial 
in itself, had a powerful and probably a controlling influence 
in shaping my future course and forming my character ; and 
from it, too, parents and teachers may learn the important 
lesson, never to punish unjustly. 

The day I entered the school I formed an acquaintance 
with a scholar who had been in the school a year and more. 
After supper, he told me he was going out to a tavern in the 
city, where a man kept a heno table (which was a gambling 
table on a small scale), where boys could play and make 



14 AUTOBIOGRAPHY 

money, if they had good luck ; and he was going to try his, 
and asked me to go with him and see how he came out, I 
, told him it was against the rules of college to go out in study 
hours. He said nobody minded the rules for the first two or 
three days of the term ; that the faculty let the boys do as 
they i^leased till they began study regularly, which they never 
did till the third day. Thus misled, I went with him, and 
he played, venturing a cent or two at a time. We returned 
about nine o'clock. Our absence was discovered, and the next 
morning, after the school was assembled for study, Professor 
McAuley called us to his desk, and inquired as to our absence. 
I made a clean breast of it, told him how I came to go out, 
and assured him that I should not have gone had I not be- 
lieved what my schoolmate had told me about the rules at the 
beginning of the term. He punished my schoolmate pretty 
severely on the palms of his hands with a ferule, then turned 
to me, said my excuse would not do, and explained, though 
not satisfactorily to me, why it would not ; that he regretted 
being obliged to punish me the second day after joining the 
school, but that he could not allow such a plain violation of 
the rules to pass without punishment. I said nothing, though 
I felt that his decision was unjust, as my real fault, if fault it 
was, consisted in believing the statement of a schoolmate 
whose acquaintance I had just made, and whose truthfulness 
I had no reason to doubt. As soon as the decision was made, 
without waiting to be told to hold out my hand, I stepped up 
to the Professor, held out one hand, sustained it by clasping 
the wrist with the other, stood erect, and looked him in the 
face, as much as to say, I am ready, sir ; strike away. Some- 
thing in my manner and appearance arrested the attention of 
Professor McAuley. He looked intently at me for an instant, 
seemed to read me through, laid down his ferule, and said : 
"Foot, I don't think you will violate the rules of college 
again ; you may take your seat." The act and the word 
reached the depths of my heart, and gave the Professor a con- 
trolling influence over me, which he used to my great advan- 
tage. Had he punished me, my belief is that the punishment 
would have been a serious injury to me. 



AND COLLATERAL REMINISCENCES. 15 

On the 4th of November, 1830, I purchased and com- 
menced an improved Common Place Book, and copied into it 
such scraps as I had before collected and then wished to pre- 
serve. Under the word " Autobiography " is the following 
entry : 

'' Before going to Schenectady to school (which was in Decem- 
ber, 1806), I had no other ambition than to be conspicuous among 
my mates for da-ringness and disregard of consequences in mis- 
chievous designs. In a few weeks, however, Professor Thomas 
McAuley, by his judicious management, awakened in me a strong 
desire to excel in literary pursuits, and make a figure in the world 
at some future day." * 

I remained in this grammar school till the following July 
(1807), when the college commencement occurred and the long 
summer vacation began. My attention to my studies during 
this period was good, but my preparation for entering college 
was far from being completed. I had yet to read four and a 
half books of the ^neid and three orations of Cicero in Latin, 
and the four Evangelists in Greek, while in the latter language 
I had only been through the grammar once, and translated a 
few easy sentences in some book of Greek exercises not now 
recollected. 

By this time I had come to understand and realize the 
position I held in respect to my brother. The thought of de- 
pendence upon his bounty was upon me in full volume. It 
produced upon me a twofold eifect : one, that his bounty 
should not be bestowed in vain ; the other, that it should be 
taxed to as limited an extent as possible ; in other words, that 
the money he spent for my education should bring a full re- 
turn in my educational progress, and that I would not ask for, 

* This gentleman, who was such a wise and faithful guide to me, 
after a service of considerable length as a professor in Union College, be- 
came a minister of the gospel, and jjreached a number of years in the 
city of New York with great acceptance and benefit to his hearers. He 
was a co-manager with me of " The American Bible Society," in that 
city, during the years 184S-'4-'5-'6. 



IQ AUTOBIOGRAPHY 

or spend .a dollar that I could possibly do without. In this 
sj)irit, I resolvedj if j^ossible, to enter college at the beginning 
of the next college term and year, in September ; and thus 
save a year. The vacation was six weeks long. With my 
brother's approval, I remained at college after the commence- 
ment, and engaged a teacher to hear me recite an hour every 
day. During the whole of that vacation I studied closely 
fourteen hours a day, recited one hour, and spent another 
hour and a half, and sometimes more, in meals and exercise. 
If any collegian has ever spent a vacation at college, he knows 
how lonely, how wretched lonely, it is ; yet, to accomplish my 
purpose, this oppressive loneliness was endured and overcome. 

I read the four and a half books of Virgil and the three 
orations of Cicero without difficulty ; but the Greek was a 
poser, and the more so to me, as my teacher was an indifferent 
Greek scholar. With my best efforts, I was only able to read 
the Gospel of John and the first chapter of Matthew ; those, 
however, were thoroughly read. When the term commenced, 
in September, I was examined, and though deficient in Greek, 
the faculty of the college allowed me to enter the Freshman 
class, with the understanding that my deficiency in Greek was 
to be made up during the term, which was done. 

My collegiate course was not marked by any unusual oc- 
currence. I was diligent in my studies and ambitious to ex- 
cel ; and was one among several, whom Dr. Nott, the President 
of the college, allowed to accept invitations to parties in the 
city. One rule was never departed from, and that was, to 
learn my lesson first, and after that spend my time as I 
pleased. But my time was seldom wasted. It was almost 
always occupied in reading, or writing exercises for the class or 
society (Philomathian) to which I belonged. My brother gave 
me but little pocket-money, and my clothes were not equal to 
those of the students in general, and barely sufficient to save 
me from remarks on their deficiency. When the class com- 
menced the study of Euclid, I committed to memory the de- 
monstrations of the first four propositions, and repeated them, 
at recitation, without understandimr them. When the class 



AND COLLATERAL REMINISCENCES. 17 

came to the fifth, I studied at it for hours and until late at 
night ; finally, the demonstration burst upon me, and then, 
for the first time, I became conscious of having the power of 
reasoning abstractly. From that time forward my mathemat- 
ical lessons were the easiest ones. An incident occurred in 
the last term of my Junior year, which made a deep impres- 
sion on me at the time, and the recollection of which is still 
very distinct, and shows conclusively that, while the body 
rests and is refreshed by sleep, the mind is still active. The 
class had for the morning lesson some propositions in Enfield's 
Philosophy. Among them was one, the demonstration of 
which was involved and perj)lexing. My room-mate and I 
labored at it till bed-time, and could not comprehend it. He 
gave out and went to bed, but I was not willing to give it up, 
and continued my efforts to unfold and comprehend the reason- 
ing. At length, wearied out and stUl unsuccessful, I went to 
bed and asleep. About 2 o'clock a.m. that night, I woke up 
with a clear and full comprehension of the proposition and the 
demonstration — woke up my room-mate, and said, " Chum, I 
can demonstrate that proposition." I struck a light, marked 
out the figure on our blackboard, returned to bed, and then 
gave the demonstration. 

There was great rivalry between the Adelphic and Philo- 
mathean societies. Each strove to obtain the first honor of 
the class. My society (the Philomathean) claimed that I 
was the best scholar in our class ; and the Adelphic, that my 
class-mate, Silliman, a member of that society, was. 

In my Common-place book, before mentioned, I find an en- 
try in the following words : 

" Early in my collegiate course I adopted some rules of life, 
and entered them in a kind of common-place book. I will pre- 
serve them, to show me my thoughts at that period of life. 

Be familiar, but by no means vulgar. 

Be generous, but not prodigal. 

Wear a rich but not a gaudy dress. 

We like the man we laugh at, but never respect him. 
2 



18 



AUTOBIOGRAPHY 



Only take a man, or pretend to take him, for what he wishes to 
be taken by you, and he will surely be your friend. 

An hour of reflection is better than a year of repentance. ' 

Be cautious of raising expectations, for the expected seldom 
answers expectation. 

Do not rely too much on the goodness of mankind, for con- 
fidence in mankind is a tender plant so seldom cherished by the 
milk of human kindness, that at length it perishes. 

Declare always what you feel, and you will never feel what you 
ought not to. 

Converse on general topics with all. 

Confide in others too little rather than too much." * 

In the same Common-place book is the following entry : 

" When I first began to study history, I made the following 
table, which I will preserve as matter of curiosity : 

Celts._ 
Scythians. 
Samaritans. 
Tartars. 
Moguls. 
^ Medes. 
lonians. 
Greeks. 
Thracians. 
Babvlonia. 

r Egypt. 

Ethiopia. 

Cyrenaica. 
^ Lybia. 

Nubia. 

Phoenicia. 
I Judea. 

Persia. 

Assyria. 

Chaldsea. 

Lydia. 
\ Syria. 
I Mesopotamia." 





1 


Gomer. 

Magog. 
Meshec. 
Tubal. 

Madai. 

Javan. 
Tiras. 


1 


o 

< 


Cuish. 

Mizraim. 

Phut. 
Canaan. 


a 


< 


Elam. 
Ashur. 
Arphaxad. 
Lud. 

Aram. 



* I must have read Shakespeare pretty early in my college course, for 
the first and third of these rules are clearly taken from Polonius' advice 
to his son Laertes, in Hamlet. 



AND COLLATERAL REMINISCENCES. 19 

I commenced as early as my Sophomore year to put a great 
deal on paper, which I gathered from books, and continued to 
do so while at college, and also after leaving it. But of this, 
and my reason for it, I shall speak hereafter. 

Having in the early part of my Sophomore year read Dr. 
Franklin's experiments in regard to sleep, and his conclusion 
that six hours was sufficient for a person of ordinary health 
and constitution, who pursued a studious and sedentary life, 
I determined to adopt that as my allotted portion of time for 
sleep. To accomplish it and fix the habit upon me, I resolved 
not to go to bed till such time as the college-bell in the morn- 
ing would wake me at the end of six hours. This resolution 
was perseveringly carried out, and the habit of sleeping that 
length of time so thoroughly fastened upon me, that it has 
continued through life, and even now (1865) I wake regularly 
at the end of six hours of sleep. 

On the invitation of a committee of arrangements, I wrote 
and delivered an oration on the 4th of July, 1810, in the Re- 
formed Dutch Church of Schenectady, before a general audi- 
ence ; but I have not preserved it. 

My brother resided in Albany, in 1810, and while at home 
in the summer-vacation of that year, the house of his neigh- 
bor, client, and friend, Mr. William Fowler, was burned at 
night. His eldest daughter, Mariam, then a Miss of thirteen, 
had a narrow escape from the flames. On the invitation of 
my brother, who was always ready to do an act of kindness, 
she was taken barefooted to his house, where she remained 
several days. Her piano was also brought there for safe-keep- 
ing. She had a good voice and a fine taste for music, and 
thus early, sang and played very well. I was also fond of 
music, and a good deal of my time was spent in listening to 
her. We thus became acquainted, and a mutual attachment 
commenced, which increased with our years, and resulted in our 
marriage, eight years afterwards, as I shall hereafter mention. 

My brother John died in 1806, and my father in 1809. 
After my father's death, the balance of the old farm was sold 
to my brother-in-law, Scovill. An annuity Avas secured to my 



20 AUTOBIOGRAPHY 

mother, which, though small, was adequate to her wants, and 
she came to this state to live with her daughters, three of 
whom were well and happily settled here — one in Saratoga 
County, and two in St. Lawrence. From the remnant of the 
old farm, when my brother-in-law paid for it, I was entitled to 
some four or five hundred dollars as my share ; but this was 
not realized till some years afterwards, nor until considerable 
time after my brother Ebenezer's death. 

For some reason, which I did not then understand, my 
brother seemed unable to pay my college bill for the last term 
of my Junior year, and near the close of the first term of 
my Senior year, Avhich was in December, 1810 ; he pro- 
posed my leaving college and commencing the study of law, 
stating that I had then pursued classical studies four years, 
which was all the time that could be allowed me for such 
studies out of the seven years of clerkship, which the rules of 
the Supreme Court then required before a candidate for the 
bar could be admitted to an examination. A suggestion from 
him was law to me ; a ready assent was yielded, and more 
than that, I rejoiced at the prospect of relieving him earlier 
from the burthen of supporting me, which was always an un- 
happy thought to me ; though I kept from the first, with his 
knowledge and approval, an accurate account of his expen- 
ditures for me, resolving most firmly, if ever able, to repay 
him. He arranged for me to go to Milton, in Saratoga Coun- 
ty, and enter the ofiice of James Thompson, a prominent law- 
yer of that county, and a friend of his. He did not pay my 
college bill for that term, nor furnish me money to go to Mr. 
Thompson's, some thirty miles distant. He no doubt thought 
the furniture I had would sell for enough for that purpose, 
but it would not. Dr. Nott, good Dr. Nott, asked me if I 
had any money for my expenses, and when I told him I had 
not, he handed me ten dollars, saying, I might repay it when 
I was able. These two college bills were not paid, nor these 
ten dollars repaid, till some years afterwards, when, having 
earned the money in my profession, I paid them. 

Here it seems proper I should state a fact, subsequently as- 



AND COLLATERAL REMINISCENCES. 21 

certained, to whicli I did not allude in the biographical notice 
of my brother heretofore mentioned, but which has so material 
a bearing on my own life, that a true account of it cannot be 
given, if that tact is suppressed. Besides, accounting for my 
kind brother's inability to supply my pressing wants, it will 
give an impressive warning to my sons and grandsons. That fact 
is, that my kind, warm-hearted, generous and talented brother 
was addicted to gambling with cards. It was the great vice of 
the period, in which he lived and flourished. His professional 
brethren, gentlemen of education and high social position, 
with few exceptions, practiced it. My brother did not gamble 
for gain, but for the pleasurable excitement which it produced. 
The consequence was, that with his open, liberal, generous 
nature, he was usually a loser, and thus it was, that with a 
large, successful, and lucrative practice in his profession, he 
was always in debt, and always in want of money to meet his 
pecuniary obligations ; his debts of honor, as they were called, 
always having preference in payment, over those incurred in 
the ordinary transactions of life. 

I entered Mr. Thompson's office as a clerk early in Decem- 
ber, and remained there nine months, viz., till September, 
1811, when I went to Albany and entered my brother's office. 
While in Mr. Thompson's xDffice, I read law vigorously. 
Blackstone's Commentaries was then the great elementary 
book of the law ; indeed, the only comprehensive one, whicli 
was readable. My first step was to read it carefully through 
in course, and copy largely from it, as was then my practice. 
It soon appeared obvious to me, that Judge Blackstone had 
treated elaborately a large number of subjects, Avhich were in- 
applicable to our country, and that some other mode of study 
must be adopted, beside reading his Commentaries, to obtain 
a knowledge of the laws of this state. After finishing the 
reading of his four volumes, thinking the matter over and 
over many times, and talking with Mr. Thompson about it, 
I hit upon the plan of studying law by subjects, which I 
at once adopted, and went over Blackstone again, taking up 
in order subject after subject, which formed a part of the 



22 AUTOBIOGRAPHY 

common law of this state. My usual course was to read 
first what Blackstone had written on the subject, then ex- 
amine the Revised Statutes of this state, and learn what 
they contained, if anything, upon it ; then read what could 
be found about it in such other books as Mr. Thompson had 
ill his library ; and thus gather, from every source within 
my reach, a knowledge of the principles of the subject in- 
vestigated, and the remedies for the violation of rights rest- 
ing upon them. This mode of study proved to be excellent, 
and I made rapid progress in acquiring a knowledge of the 
law. I have followed it through life, and have always re- 
commended it to the students in my office. 

My whole time in Mr. Thompson's office was not devoted 
to the study of law. Some portion of it was occupied in gen- 
eral reading. Among the books I read while" there were Ros- 
coe's Lives of Lorenzo de Medici and Leo X, and of them I 
made full abstracts. 

On the 14th of June, 1823, I commenced a regular Diary, 
of which an account will be given when that year of my life 
is reached in this biography. In that diary, under date of the 
19th of June, 1823, is the following statement, which I insert 
in this connection to show the views and thoughts I entertained 
when reading these works of Mr. Roscoe ; 

" I am daily reviewing what I have heretofore vsritten or ex- 
tracted from books. Before I began business, I used to put con- 
siderable on paper, which I gathered from books. Since that, I 
have not had time to do it, or write anything else of consequence, 
till May, 1822, when I formed a partnership with Edwards. One 
principal inducement to put so much on paper in early life, col- 
lected from books, was a fear that the books Avould not be met 
with again. I had not then the least expectation of ever being 
able to buy a library. Having almost discontinued this practice 
for ten years, during which time my knowledge has been, compar- 
atively, vastly increased, I find now, when I take np these juvenile 
labors and consider them, that a great deal of my time was un- 
profitably spent, and a great proportion of the matter collected not 
worth preserving. While reading law with James Thompson, Es- 



AND COLLATERAL REMINISCENCES. 23 

quire, in Milton (which I did from December, 1810, to September, 
1811), I made a full abstract of the whole of the Lives of Lorenzo 
de Medici and Leo X, by Roscoe. This, together with more hke 
it, I intend to destroy, as I can at any time have access to the 
books from whence it was taken, and am now able to select from 
them with more judgment." 

The few articles of clothing which I needed while at Mr. 
Thompson's were furnished by him out of some money he col- 
lected for my brother. As to pocket-money, I expected none, 
and of course had none. The only recreation, if recreation it 
may be called, which I recollect to have indulged in during 
my nine montlis at Milton, was attending for three days and 
two nights a Methodist camp-meeting held some five or six 
miles from Mr, Thompson's. I Avalked there and back, and 
took my food with me. My object was to observe and learn 
the causes of the alleged numerous conversions at those meet- 
ings, and the manner of conducting them. My object was 
fully accomplished. The whole scene is still (1865) distinctly 
before me, and I could fill a small volume with a description 
of it. But " cui bono." Besides, it would be out of place in 
this biography. 

One instance of real kindness to me at Milton I must men- 
tion. While there I lodged and boarded with a farmer by the 
name of Dibble, who lived about one hundred rods from Mr. 
Thompson's ofiice. He and his wife were kind, excellent 
people, in moderate circumstances. When the time came for 
me to leave for Albany, there was no money to pay for my 
board, washing, and lodging. All I could say to them was, 
that if my life was spared, they should be paid. They told 
me to give myself no uneasiness on that score ; that they had 
taken pleasure in having me in their family, and if they were 
never paid, they should not regret having helped me to get 
my profession. Nearly two years afterwards, and some months 
after I had been admitted to the bar, they happened to pass 
through Albany, and called at my brother's door in their 
wagon, and asked to see me. Among the first things they 
said was, that they had not come to dun me, and fearing I 



24 AUTOBIOGRAPHY 

miglit think so, they had determined not to call, and had 
driven through the city on their way home, btit could not bear 
the thought of having been so near me, and yet not see me, 
and had turned back for that purpose. The interview was 
pleasant, and I had the satisfaction to tell them that I was 
admitted to the bar, was earning money, and should be able 
to pay them in a few months, which I did. 

The summer of 1811 ought not to be passed without men- 
tioning that my Alma Mater did not forget me at the com- 
mencement in July of that year. A diploma was awarded 
me and an oration in the public exercises of my class. But in 
consequence of leaving before my collegiate course was com- 
pleted, I was not entitled to, and could not rightfully receive, 
the position as to honors to which my scholarship would other- 
wise have entitled me. For this reason, and the further and 
controlling one, that I had neither suitable clothes nor money 
to buy them, or even to pay my expenses and the fee for my 
diploma, I did not attend the commencement. 

When I commenced my clerkship in my brother's office in 
Albany, in September, 1811, he had a junior partner, Mr. 
Samuel North. His health, however, was not good, and he 
became so ill that in February following (1812) he was obliged 
to withdraw from the duties of his profession. His illness cast 
upon me the charge of the business of the office. While this 
demanded a large portion of my time, and prevented me from 
pursuing as systematically and constantly as I desired my 
professional studies, it yet obliged me to acquire a knowledge 
of the practice of my profession, and, moreover, gave me a 
practical knowledge of the principles of law, to the ex,tent 
they were covered and applied in the various suits and pro- 
ceedings conducted in the office. This, too, was a broad 
field ; for my brother's business embraced almost every branch 
of the profession. 

While reading law in Mr. Thompson's office, whenever I 
had occasion to look at a case in any of the few English re- 
ports which he had, I was often confused in regard to the 
time when the reports in which the case was found com- 



AND COLLATERAL REMINISCEXCES. 



1:0 



menced, and when terminated ; in what reign or reigns the 
decisions reported were made ; who were the Chancellors, 
Chief Barons of the Exchequer, the Chief Justices of the 
King's Bench and of the Common Pleas ; and what reports, 
if any, were contemporaneous or consecutive ; and Avhen pros- 
ecuting my studies in Albany, where I had access to a 
large library, my confusion, in the particulars mentioned, 
was greatly increased. This induced mo to undertake a 
work, which I prosecuted and completed during my clerk- 
ship in Albany. It was a chart which showed the time each 
English report commenced and terminated, the beginning 
and end of each reign, and the time of the appointment of 
every Chancellor, Chief Baron, Chief Justice of the King's 
Bench and of the Common Pleas, from the commencement 
of the oldest report down to the j^ear 1812, when the map 
was completed. These were all so arranged as to be easily 
seen in their connection on barely looking at the map. The 
chart also contained the like information in respect to the 
United States, and the several states in which at that time 
reports of judicial decisions Avere published. 

The chart was intended for my own use only, but my 
brother encouraged me to publish it. For that jmrpose it 
was handsomely engraved, and one thousand copies struck off. 
A sufficient number of them was sold to pay the expense of 
publication, and yield me about $250, which was the first 
money I ever earned. 

At the close of the year 1812, seven years had passed since I 
first entered my brother's office. Of those seven years, however, 
three had not been devoted to the study of law as the rules of 
court required. But my brother made a special application 
to the court, and obtained an allowance of the time spent, or 
speaking more truly, misspent, in his office, before I went to 
Schenectady ; and the court admitted me to an examination 
as a candidate for an attorneyship at the January term in 
1813. There was a class of seventeen candidates at that term. 
We were examined by three gentlemen of the bar in the pres- 
ence of Chancellor Kent, then Chief Justice of that court, 



26 AUTOBIOGRAPHY 

who presided at the examination. After the first round of in- 
terrogatories to the class, the Chief Justice announced that he 
was satisfied with the answers of Samuel A. Talcott, Peter 
Brooks, Jr., and myself, and we were examined no further. 
My license is signed " James Kent/' and dated 13th January, 
1813. 

Mr. North's recovery being hopeless, I entered into part- 
nership with my brother as soon as admitted. He allowed 
me to divide equally with him all earnings except counsel fees, 
which he reserved to himself The business was done in my 
name as attorney. Mr. North died shortly after our partner- 
ship was formed, and I was substituted as attorney in his 
place in all the suits then pending. The terms of this part- 
nership were very liberal on the part of my brother, and put 
me at once into the receipt of a large income for a young at- 
torney in the first year of liis practice. 

Within a few months after our partnership commenced, I 
learned the cause of my brother's pecuniary embarrassments, 
and was distressed to find, that he was deeply in debt, and 
owed a considerable amount more than he had means to pay. 
His creditors, discovering that I was industrious, studious, 
and no spendthrift, often pressed my brother, as a condition 
of further leniency, to obtain my indorsement of his notes, — 
more probably, however, to insure his attention to their pay- 
ment, than to obtain further security. In this way, in less 
than a year, I became responsible as indorser for him to over 
fifteen hundred dollars. After paying my college bills, return- 
ing the money to Dr. Nott, and paying Mr. Dibble, I applied 
all the money I received, not needed for necessary current ex- 
penses, to reducing the amount my brother had advanced for 
my education. 

Early in the year 1814 it became manifest to me that, if 
my brother continued to gamble, no exertions which I could 
make, would save him and me from constant pecuniary em- 
barrassment and ultimate poverty, unless, to save myself, I 
should turn a cold shoulder to him, and be as close and selfish 
as he was open and generous. This I could not do ; for when 



AND COLLATERAL REMINISCENCES. 27 

he wanted money, I could not hold back, if in my power to 
supply him or aid him in obtaining it. The thought often 
occurred to me to leave Albany and go to some distant county 
and work my own way in life ; but as often as it occurred, it Avas 
dismissed with the reflection, that it was my duty to stay 
with my brother, and do what I could for him and his family. 
He had a wife and daughter. I tried several times to engage 
him in a course of reading with me, and studied the game of 
chess, which he had taught me, so as to render the game pleas- 
ant to him, and thus occupy his evenings and leisure hours. 
But the fascination of the gaming table overcame all my ef- 
forts and those of his excellent wife. At length, after many 
anxious hours, yes, I may say, days of anxious thought, as to 
Avhat course duty and sincere affection for this kind brother ought 
to lead me to adopt to save him and myself also, I resolved 
on the harsh and rash measure of driving, if possible, his 
gambling associates from him, and breaking up their haunts ; 
for by this time I had found out who those associates were, 
and their places of resort. 

Fully aware that my action, under this resolution, would 
jDrobably give my brother deep offence, and might separate us 
forever, still, I saw no other w^ay of saving him and myself 
from certain ruin. 

One of his ftivorite associates resided in New York, and 
whenever he came to Albany, there was a sitting of several 
days and nights. I determined to begin with this gentleman, 
when he next came to Albany. In a few weeks he came, and 
one morning called at our office. After a short call he left, 
and my brother went with him. 

I addressed a note to this gentleman, and told him I had 
determined to take certain measures, which I indicated, against 
my brother's gambling associates, and that I should begin with 
him, if he again gambled with my brother. This note I left 
where I knew he would get it. 

My brother did not come home to dinner. In the after- 
noon he came into the office with an excited and flushed coun- 
tenance — came up to my desk w^here I was writing — had my 



28 AUTOBIOGRAPHY 

note in his band, and said, " What do you mean, by writing 
such a note to my friend S.?" I expected and was prepared 
for this interview, and answered calmly, but decidedly, " Just 
what I have written." He then said, " Do you intend to pur- 
sue my friends in that way ?" I answered, " Not your friends, 
but your enemies." My brother appeared astonished — stood 
a moment — looked intently at me — saw I was calm, and ap- 
parently fixed in my purpose, and then left the office without 
another word. He came home again shortly after tea, 
spent the evening with his family, and retired early. The sit- 
ting did not come off, and the gentleman from New York 
went back early the next morning, as I afterwards learned. 

The next day my brother Avas unexpectedly called into an 
adjoining county to attend to some professional business, and 
was absent several days. On his return, he renewed my for- 
mer proposal to commence a course of professional and mis- 
cellaneous reading together. This was cordially and joyfully ac- 
cepted by me, and from that time onward till his death, which 
occurred in July following, he spent his evenings and leisure 
hours in this way and in playing chess with me. I do not 
think he ever after played a game of cards for money ; and 
had his life been spared, I cannot doubt, it would have been 
crowned with competent wealth and high professional and 
political distinction. His death, which was most unexpected, 
left his widow and child destitute, and me overwhelmed with 
debt. 

There was a balance of eight hundred dollars and upwards 
due from me to my brother's estate for his advances for my 
education ; my liability as indorser of his notes exceeded fifteen 
hundred dollars ; and there was still another large liability, 
amounting to twelve hundred and eight y^^f^ dollars, to which 
I had become subject, without any fault of mine, and without 
the intended fault of any one, and which was of such a char- 
acter, and Avas pushed with such rigor against me, as to drive 
me to jail for thirteen days in the month of August succeed- 
ing my brother's death. He died on the 21st of July, and on 
the 13th of August I was committed to prison for the non- 



AND COLLATERAL REMINISCENCES. 29 

payment of this sum. This money had been won of my 
brother by four wealthy gentlemen of Albany, on the election 
for governor of this state, in April, 1813. He, with a number 
of other gentlemen of Albany, who had bet on that election, 
thought it had been carried against them by fraud, and sued 
the stake-holder to recover back their money deposited with 
him. The suits were conducted by my brother, but in my 
name, as attorney. The Supreme Court decided against the 
stake-holder, executions were issued, the money collected by 
the sheriff, paid to me as attorney, and by me immediately 
handed over to the plaintiffs in the suits, of whom my brother 
was one. On an application to the court, the executions were 
held to be irregular, on the ground of an agreement between 
counsel on the trial, of which I was not aware, and which my 
brother had overlooked. In my affidavit to oppose this appli- 
cation, I stated that I had paid the money to the several 
plaintiffs in the suits immediately after receiving it from the 
sheriff. My brother, not wishing to trouble our clients with 
a rule of court against them, and believing that the judgment 
of the Supreme Court would be affirmed by the Court for the 
Correction of Errors, to which the cause had been carried, did 
not read that statement in my affidavit, and allowed an order 
of the court to be made directing me to repay to the stake- 
holder the amount collected from him in all the suits, which 
was $5,281.34. The Court for the Correction of Errors, in- 
stead of affirming the judgment of the Supreme Court, reversed 
it. The gentlemen who had won the money having learned 
that I had paid it over, immediately after receiving it, to the 
plaintiffs, obtained an order of the court at the May term, in 
1814, directing the plaintiffs to pay it back. My brother, 
being one of them, was ordered to pay back the amount col- 
lected and received by him in his suit. All the plaintiffs com- 
plied with this order and paid back their respective amounts, 
except my brother, and he undoubtedly would, had he lived. 
As it was known that he died insolvent, the winners of this 
bet of him, which was $950 (the excess above that being in- 



30 AUTOBIOGRAPHY 

terest and costs), at first talked of taking their share of my 
brother's estate and giving it to his widow and daughter — 
then of waiving ; and three of them did once actually agree 
to waive the order made against me as attorney to pay hack 
the money, on my paying the costs in my brother's suit and 
the interest on the money bet ; but finally their love of money 
prevailed, and they imprisoned me. This excited great indig- 
nation in the community. Two of the winners of the money 
were insulted by citizens in the street, and left the city for 
fear of personal violence. Two gentlemen, friends of my 
brother, offered to lend me the money and save me from 
prison, but I did not wish to incur a debt so sacred as a loan, 
and which must be afterwards paid ; besides, I thought that 
the gentlemen winners could not stand the pressure which 
would be made upon them to release me, nor do I think they 
could, had they remained in Albany. 

Jacob Mancius, a gentlemanly and kind-hearted man, was 
then sheriff of Albany. He did not turn a key upon me, but 
took my word of honor that I would not leave the building. 
The commitment was for disobedience of an order of the court, 
which was not bailable, nor entitle me to the limits of the 
prison, as an ordinary debtor. The jailor, Mr. Steel, by direc- 
tion of the sheriff, gave me a large airy room on the first floor 
of the building, comfortably furnished. The jail proper con- 
sisted of the stories above the first floor. I boarded with Mr. 
Steel and his family, who occupied apartments on the same 
floor with me. My room was, in truth, Mr. Steel's parlor. 
My law register was brought to me from my office, and such 
papers as I needed in my profession. A constant stream of 
friends and clients visited me, and I commenced more suits 
and earned more money during the thirteen days I was in jail, 
than I have ever since, as an attorney, during the same length 
of time. After awhile I grew weary of my confinement, and 
felt the want of exercise. On the 22d of August I addressed 
to the gentlemen who were holding me in prison the following 
letter : 



AND COLLATERAL REMINISCENCES. 31 

"To Messes. A. B., C. D., E. R, akd G. H. 

" Gentlemen : This is the tenth day I have been in prison at 
your suit. You are well acquainted with my situation, and that 
of my deceased brother's family ; also with the nature of the claim 
you have against me. It is, consequently, unnecessary for me to 
remark upon them. I now make you the best offer it is in my 
power to perform ; and I make the best first, because I have no 
wish to banter or trifle with you. This offer is no more than the 
same terms on which Ave agreed to settle previous to my imprison- 
ment. I then went as far as my ability to perform extended. I 
now go the same length. At that time I had not money to pay 
the sum required, nor have I now ; yet I believe sympathy for my 
misfortunes will induce some friend to loan me the sum required. 
Those terms were the payment of the costs (which have since in- 
creased) and interest, leaving due only $950, the sum originally 
deposited by my brother. It is utterly impossible for me to pay 
the whole sum, and it will embarrass me greatly to comply with 
my present offer. "Were there not a destitute widow and daughter, 
who looked to me for support, it would be somewhat different. 
You know, gentlemen, my brother's estate is insolvent; that his 
family rely on me solely for protection and maintenance, and that 
every cent of money I pay his creditors is a loss to me. I wish a 
direct answer to this proposition, as I am desirous of knowing 
whether or not it is your intention to doom me to pei-petual im- 
prisonment, and my deceased brother's family to similar distress. 
" I am your obedient servant, 

"Sam'l a. Foot. 

August 22, 1814. 

To this letter I received no answer, and the gentlemen 
who had left the city still remained away, and my friends 
learned that they did not intend to return till autumn. On 
ascertaining this, my friends determined to raise the money 
by subscription, several of them thinking that the winners 
would be ashamed to receive what had been given by benevo- 
lent friends, to relieve an industrious, deserving young man 
from a cruel imprisonment. The money w^as promptly raised 
and paid to the sheriff. He and a number of my friends ac- 



32 AUTOBIOGRAPHY 

companied me from the jail to my office. The winners took 
the money. 

Nearly every gentleman who suhscribed became my client. 
I paid back the whole subscription, either in professional ser- 
vices or money — nearly all, however, in services. One gentle- 
man, however, James Kane, who subscribed fifty dollars, 
Avould receive no return. He said it was a gift for a good 
object, and he would not consent to change it to a business 
transaction. 

I have not mentioned the names of the gentlemen who 
were so cruelly selfish in their treatment of me. They are 
all now in their graves. One died poor, another one rich, 
but despised ; the other two, a few years afterwards, became 
my clients, and paid me for professional services more than 
double the amount they and their associates obtained by im- 
prisoning me. 

My children, I hoj)e, will not fail to observe, that the real 
and primary cause of this imprisonment, was the waste of pro- 
fessional earnings at the gaming table. 

I did not suffer in the estimation of any one by this im- 
prisonment. Even the Judges, who ordered it, and at the 
same term, gave me leave to act as a counsellor-at-law, in all 
the causes in whicli I was attorney, and my brother counsel, 
although I was not entitled to admission, as a counsellor-at- 
law, till January, 1816. This was of great service to me, as 
it enabled me to commence trying and arguing causes, a year 
and a half before I should otherv/ise have been permitted to ; 
and moreover, enabled me to retain and complete all the suits 
at common law pending in our office at my brother's death. 
Chancellor Kent was even more kind to me. As I was not en- 
titled to admission as a solicitor in chancery till January, 1816, 
all the suits in equity and all other business in chancery of our 
firm were conducted in my brother's name as solicitor, and 
at his death, must have been transferred to some other person. 
To enable me to retain these suits and this business, as well 
as to commence others. Chancellor Kent examined me shortly 
after I was relieved from prison, and finding me qualified to 



AND COLLATERAL REMINISCENCES. 33 

practice in liis court, admitted me as a solicitor and gave me a 
license which bears date the 7th of September, 1814. He also 
gave me leave to argue as counsel all causes in equity in which 
my brother was solicitor or counsel at his death. 

The first case which I argued in the Supreme Court was 
Danforth vs. The Schoharie Turnpike Company, decided at 
the May Term of 1815, and reported in 12 John. R. 227.* In 
this case the question was first raised in this state, whether 
assumpsit would lie against a corporation on an implied prom- 
ise. I supported the affirmative and succeeded. My first case 
in the Court of Chancery was Moore vs. Cable, decided in 
April, 1815, and reported in 1 John. Ch. R. 385. An interest- 
ing question arose in this case respecting the character of a 
possession by the mortgagee, which shall destroy the mort- 
gagor's right of redemption — my client succeeded. 

Steady and unremitting attentions to my profession and 
strict economy in my expenses enabled me, in less than two 
years after my brother's death, to meet and satisfy all my 
pecuniary obligations and have a surplus of nearly one thou- 
sand dollars. 

About this time an incident occurred, which taught me a 
valuable lesson, and which I will relate for the benefit of my 
sons. One of my clients, Mr. Nahum Rice, a merchant of 
Albany, had sold to a gentleman from St. Lawrence County a 
lot of whiskey amounting to three thousand dollars, and was 
ofifered in payment a note for that amount, at 90 days, signed 
by one and indorsed by three gentlemen of that county. Mr. 
Rice called at my office, shewed me the note, asked me if I 
knew any of the persons whose names were on it, and stated 
that he wished to ascertain their responsibility. My brother- 
in-law, Mr. Joseph York, who was then sheriff" of that county, 
happened to be present, and I referred Mr. Rice to him, for 
the information he desired. Mr. York said every name on the 

* In giving the names of the counsel, who argued the cause, the mid- 
dle letter of my name was omitted. The reiJorter, probably, had not 
yet learned my name. 



34 AUTOBIOGKAPHY 

note was an excellent one, and that no better note could be 
made in the state. The note was payable at the State Bank 
in Albany, and Mr. Eice asked Mr, York for what he would 
guarantee the payment of it on the day it became due. Mr. 
York answered two and one half per cent. Mr. Eice said he 
would give it, but he must have a city name on it, to insure 
its payment on that day, and remarked, " Mr. Foot will prob- 
ably have no objection to put his name on it after yours." 
Mr. York, without directly asking me, manifested a wish that 
I would, as it would enable him to make $75 quite easily. I 
assented. He then indorsed the note and I after him. Before 
the ninety days came round, the maker of the note and the 
three indorsers before Mr. York failed. Mr. York was able to 
send me only $1000 towards payment of the note when it be- 
came due. I had $1000 of my own, and about $1200 in my 
hands which I had collected for some clients in Ehode Island. 
I wrote to them for leave to use $1000 of it for a short time, 
as Mr. York engaged to send another $1000 in a few weeks. 
The note was protested for non-payment, and the next day I 
paid the amount, took up the note, and saved my name from 
being dishonored at the Bank. I commenced suits against 
the maker and three indorsers and obtained judgments the 
first hour the law would allow, and against the maker, who 
owned a large real estate, just one day before he confessed a 
judgment to other creditors, which would have swept away his 
whole estate. Those creditors were obliged to, and did pay 
my judgment. From that time forward, I have never in- 
dorsed a note, or become surety for any one, unless in some 
small matter, where there was no risk, and the liability so 
small, as to subject me to no inconvenience. 

A lawyer ought never to engage in any business operations 
outside of his profession, if he intends to succeed in that. 

In January, 1816, after a full examination, I was admitted 
a counsellor-at-law of the Supreme Court of this state. My 
license bears date the eleventh day of that month. In No- 
vember following, after a like examination, I was admitted a 
counsellor-at-law of the Court of Chancery of this state. 



AND COLLATERAL REMINISCENCES. 35 

My license in that court bears date the eighteenth day of 
November. 

I pushed the settlement of my brother's estate as vigorously 
as possible, and by the close of the year 1815, had completed 
it, or at least so nearly so as to ascertain that it was insolvent 
to the extent of $4000 or thereabouts. 

Before I was admitted to the bar, and while a clerk in my 
brother's office, he commenced an action of ejectment for 
Wm. Houseman, a poor man who lived in the northwestern 
part of the county of Saratoga, to recover a large real estate 
in the city of New York, which he claimed as heir-at-law of 
his niece Rachael Hunt deceased, who was the only child of 
his brother, John Houseman, who died in that city leaving 
such estate to her. Wm. Houseman died before the cause 
was tried, and the suit abated. He left several children, sons 
and daughters, surviving him. Some time in the year 1815, 
and I think near the close of it, these children applied to me 
to renew the prosecution of the claim for them, stating that 
their father had told them, that he had agreed with my 
brother to give him ten thousand dollars, if he succeeded in 
recovering the property. They offered the same terms to me, 
saying, however, that they were poor and unable to pay any- 
thing if the property was not obtained. I declined making 
any agreement with them for a contingent compensation, but 
agreed to commence a suit and test their claim, and told them. 
I would leave the compensation to their honor in case of suc- 
cess. The thought at once occurred to me, that should I suc- 
ceed and obtain the ten thousand dollars, or any thing like 
that amount, it would be owing to my having survived my 
brother and succeeded to his business, and I determined to apply 
whatever should be obtained in the suit, to the payment of 
his debts and a provision for his widow and daughter. The 
suit was immediately commenced and was tried at New York, 
in April, 1816. As the facts were few and simple, I went to 
the city, tried the cause alone and took a special verdict, that 
is, a verdict establishing all the material facts in the case, and 
leaving the questions of law to the court. The case was 



36 AUTOBIOGRAPHY 

ready and noticed for argument at the October Term of the 
Su]3reme Com-t, in 1817. Thomas Addis Emmet and Peter 
W. EadcliiF were counsel for the defendants and opposed to 
me. Mr. Emmet was confessedly at the head of the bar in 
this state, and Mr. EadclifF was not far below him. It seemed 
to me presuniptious to undertake the argument of such an 
inij)ortant cause against such eminent counsel. Knowing by 
tliis time that my brother's estate was insolvent to the amount 
of $4000, I resolved that in case of success, and obtaining the 
$10,000, to give $5000 to my brother's widow and daughter, 
apply $4000 to the payment of his debts, and give the other 
thousand to some distinguished counsel to assist me on the 
argument. In selecting that counsel I fixed upon a gentle- 
man, who stood high in this state as a lawyer, advocate, and 
politician, and who, I knew, had been greatly assisted by my 
brother, when coming forward in the early part of his profes- 
sional career. I went to him some weeks before the October 
Term of 1817, and opened my whole heart to him — stated es- 
pecially my intentions in respect to the disposition I intended 
to make of the promised reward, thinking it would deeply in- 
terest him, as my brother had been so kind to him in former 
years, and offered him the $1000 in case of success. My brief 
and points for the argument were already prepared, and I 
gave him a copy, so as to abridge his labor as far as I could. 
He encouraged me with the expectation, that he would attend 
the Term of the Court and aid me on the argument. When 
I called upon him a few days before the Term commenced, to 
confer with him and arrange for the argument, he informed 
me that he had concluded not to attend the Term, and said, 
that as the cause would certainly be carried to the Court of 
EiTors, neither an argument before the Supreme Court, nor 
the decision of that court was of any consequence, and that 
we should be just as likely to succeed in the court above, with 
the decision of the Supreme Court against us as for us. I 
Avas greatly disappointed and disturbed at this determination 
of my supposed associate, and the more, because I could not 
but regard the decision of the Supreme Court as of great con- 



AND COLLATERAL REMINISCENCES. 37 

sequence. But it was too near the Term to make any new 
arrangement, and I was obliged to go to New York and argue 
the cause against Messrs. Emmet and EadclifF. The court 
was not full when the cause was argued. Only three of the 
five judges were present. They do not appear to have re- 
garded the case as of any moment, as no opinion was wTitten 
and handed to the reporter.* The cause was decided at the 
same Term, and against my clients. I brought a writ of error 
and removed the cause to the Court for the Correction of Errors. 
It was noticed and ready for argument, and argued at the 
Term of that court held at Albany, in September 1818. After 
the defendants ascertained that the cause had been removed, 
and was to be argued in the court of last resort, they em- 
ployed John Wells, Esq., in the place of Mr. Radcliif. Mr. 
Wells was a compeer of Mr. Emmet, and regarded by many 
as his superior. The two were beyond all dispute the leaders 
at the bar in this state. They had no equals, A few weeks 
before the September Term of the Court of Errors commenced, 
I called on the gentleman, whose aid I expected, to receive 
his instructions for preparing the points for argument. After 
looking over the printed case, the outlines of my brief, and 
sketch of the points which I had prepared, he remarked, 
" Why, this is a great case — Emmet and Wells, I understand, 
are both in it ; and each, no doubt, has received a large fee, 
not less than $1000, 'and perhaps $2500." I said, " Very 
likely, and I wish our clients were able to give you a like fee, 
but they are poor and can pay nothing unless they succeed. 
If they do, you will certainly have the $1000 I proposed to 
give you." He then said, " I shall feel humbled and out of 
place, to go into court without a respectable fee, in such a 
case as this and against such opponents, and feeling so, I 
shan't be able to speak and argue with the force and spirit I 
should, if I felt that I stood on true professional ground ;" 
and proposed, that I should give him my own note for $500, 
and engage to pay him $500 more if the judgment of the 

* See Reporter's note (a) 16 John. R. 517. 



38 AUTOBIOGRAPHif 

Supreme Court was reversed. I hesitated at this unexpected 
and selfish proposal. Perceiving my hesitancy, he attempted 
to bring me to it and secure his aid by remarking, that Mr. 
Talcot, then a young and rapidly rising member of the bar, 
who was admitted at the same time I was, was going to argue 
his first cause at the next term of the Court of Errors, and 
had a case Avhich opened several broad grounds for discussion 
and would give him a fine chance to display his talents, and 
regretted my first case presented such a narrow and dry point 
as ours did. This attempt to draw me into pecuniary obli- 
gations, and influence my action by an appeal to a supposed 
mean spirit of rivalry with a young professional brother, whom 
I admired and respected, mortified and offended me. I made 
no rejjly to it, but took up my papers and left the gentleman's 
library without uttering a word. The thought, that this gen- 
tleman, who, I had so many and such good reasons to think, 
would enter warmly into my views to provide for my brother's 
Avidow and child and pay his debts, was unwilhug to take the 
little trouble his aid on the argument would have given him, 
even with a contingent fee of $1000 in prospect, and was 
willing to take from me, and attempted to persuade me, by 
appealing to a supposed ignoble feeling of rivalry, to give him 
8500 of my own earnings, and engage to give him |500 more 
if we succeeded, whether my clients were willing or not, so 
overwhelmed me, that on my way to my office I could not re- 
frain from tears. But indignation and jDride happily came to 
my relief, and I determined to argue the cause alone. 

I spared no pains to find and acquaint myself thoroughly 
with every case decided and every dictum uttered, whether for 
or against me, which had any bearing on the questions to be 
argued. As my clients were the plaintiffs in error, the com- 
mencement and closing of the argument, or, in professional 
language, the opening and reply, belonged to me. Fearing I 
should not have sufficient self-command to open the argument 
from a brief, I wrote out and committed to memory, so that I 
could deliver mechanically nearly the whole of my opening ar- 
gument, and it was fortunate for me that I did ; for my first 



AND COLLATERAL REMINISCENCES. 39 

appearance in that high, tribunal, the amount of property in- 
volved, the great eminence of the counsel opposed, and my 
intense anxiety to succeed, were too much for my nerves, 
steady as they generally are, and I should probably have 
broken down soon after commencing, had I not been able to 
speak mechanically for some minutes. After awhile, my self- 
possession returned, and I made my opening argument far 
more satisfactorily to myself than I had antici23ated. 

My eminent opponents appeared to regard, either the case 
as quite clear for their clients, or their opponent as inadequate 
to the task he had undertaken ; for they made, what I deemed, 
several mistakes. Mr. Wells, who opened the argument for 
the defendants in error, cited a large number of cases, and 
stated, inaccurately, that they sustained such and such prop- 
ositions. Every one of these cases I had read and carefully 
examined, and had correct abstracts of them ; and in my re- 
ply, by bringing some of the books into court, and reading 
from my abstracts, was able to show his inaccuracy, and 
greatly weaken, if not entirely overthrow his argument. Mr. 
Emmet made an unfortunate remark, which evidently injured 
his cause with the lay members of the court.* He remarked 
in the course of his argument, that he " felt belittled by the 
discussion." He doubtless intended his remark to apply to 
the narrowness of the point, on which the validity of the deed 
of trust was attacked, viz. : the want of a pecuniary consid- 
eration of one dollar ; but the members of the court, generally, 
thought he alluded to me, and felt himself belittled by a con- 
test with such an antagonist. In my reply, I made no allusion 
to his remark, and thus gave him no opportunity for explana- 
tion. 

The cause came on for decision at the term of the court 
held at Albany in January, 1819. Chancellor Kent was the 
only member of the court who wrote an ojiinion. His opinion. 



* Our old Court for the Correction of Errors was composed of the 
Chancellor, Judges of the Supreme Coui*t, and the members of the Senate, 
thirtj-two in number, only a few of whom were lawyers. 



40 AUTOBIOGRAPHY 

as I afterwards learned, was lianded about among the mem- 
bers of the court, and read by them before the cause was de- 
cided, and no doubt had great influence in producing the re- 
sult. The decision of the Supreme Court was reversed, and 
judgment rendered in favor of my clients, by a vote of fourteen 
to six.* 

The gentleman, whose aid I had endeavored to obtain, was 
a senator, and of course a member of the court. In deciding 
causes removed from the Supreme Court, the Judges of that 
court had no voice, and the senators who were lawyers, were 
called on for their opinions next after the Chancellor. When 
the gentleman mentioned was called, he rose and said, he liad 
been conversed with respecting the cause, and asked to bo 
excused from taking a part in its decision. His manner, and 
mode of expressing himself, created the impression that an 
attempt had been improperly made to influence his vote in 
the case. I am unwilling, however, to think he intended to 
be so understood. Yet, it was singular, that the six senators, 
who voted to affirm the judgment, were the only and all the 
senators, who were of the same political (Bucktail) party, he 
was. 

Two or three of my poor clients had succeeded in getting 
money enough to come to Albany to hear the decision ; and 
when I came out of court and told them it was in their favor, 
they were wild with joy. 

The next spring they all came to Albany, and went to 
New York with me to take possession of the property recov- 
ered. They received, in productive real estate and back rents, 
upwards of $70,000, and handed me out of the back rents 
$10,000. I gave $5,000 to my brother's widow and daughter, 
applied $4,000 to the payment of his debts, and satisfied them 
all, and took myself the $1,000 which I had intended to give 
to counsel to aid me on the argument. 

My success in this important cause, against the opinion of 

* The title of this cause is Jackson vs. Sebring, and is reported in 
16 John. R. 515. 



AND COLLATERAL REMINISCENCES. 4I 

the Judges of the Supreme Court, and the eiforts of the two 
most eminent counsel in the state, gave me a position at the 
bar of far greater vahie to me than the very large reward which 
I received. 

The ordeal through which I passed, in endeavoring to ob- 
tain the aid of older, abler, and more experienced counsel, 
taught me a lesson of kindness and liberality to my juniors at 
the bar, which has lasted me for life. No young member of 
the bar has ever had just cause to complain of me ; but, on 
the contrary, many have reason to thank me for encourage- 
ment and aid in their early eiforts. 

In October, 1814, my nephew, James Edwards, a son of 
my sister Edwards, a country lad, in his fifteenth year, came 
from Saratoga county, where his parents resided, to Albany, 
to live with me and become a lawyer. He had a fair common- 
school education, and commenced a seven years' clerkship in 
my office. He was an upright and industrious youth. Dur- 
ing the first four years of his clerkship, a large portion of his 
time was devoted to classical studies, under my instruction. 
One hour of my time each morning, before breakfast, was set 
apart for hearing his recitations, correcting his compositions, 
and gi^dng him instruction in rhetoric. In this way, we went 
through nearly my whole course of studies in college, more 
thoroughly, however, in Latin and l)clles-lettres than in math- 
ematics, the taste of my pupil inclining more strongly to the 
former than the latter. This morning hour of instruction was 
of great service to me as well as to my nephew. For wdiile he 
acquired a good classical education, I revived and increased 
my knowledge of the classics. He was admitted to the bar in 
May, 1821, and commenced his profession at Ogdensburgh. 
But on my proposal, he returned to Albany in May, 1822, and 
entered into j)artnerslii23 with me. We continued in partner- 
ship till I removed to New York, in May, 1828. Mr. Edwards 
still resides in Albany, is in easy pecuniary circumstances, the 
head of an interesting family of sons and daughters, a gentle- 
man of intelligence, pleasing and good manners, a sound law- 
yer, and one of Grod's noblest works, an honest man. 



42 AUTOBIOGRAPHY 

Being out of debt, in good business, with a few thousand 
dollars earned and invested, I felt at liberty to carry into 
effect a long-cberished design of marrying the young lady, in 
whom, when almost a child, I bad become interested, as 
already mentioned, and between whom and myself there had 
been a strong attachment for some years, and an understand- 
ing that we were to be married, when my circumstances would 
allow it. We were accordingly married at the house of her 
father, Mr. William Fowler, early in the forenoon of Monday, 
the 17th day of August, 1818, and soon after left Albany in a 
carriage which I had hired for the journey, to visit my mother, 
sisters, and other relatives at Ogdensburgh and Black-Lake. 
We traveled leisurely, and visited friends on the way. Our 
first visit was to a college friend and brother lawyer at Am- 
sterdam, Marcus T. Keynolds, Esquire, by whom and his 
agreeable lady we were cordially welcomed and hospitably en- 
tertained. Our next visit Avas to my college friend and brother 
lawyer, Hon. Alfred Conkling, at Canajoharie. He and I were 
warm friends at college, though not in the same class. He 
was before me ; but we were members of the same society, and 
almost the only Republicans in college. In those days, the 
line of distinction between Federalists and Republicans was 
very marked. By previous arrangement, Mr. and Mrs. Conk- 
ling were to accomj^anj^ us on our journey. 

We had a very pleasant journey, and a delightful visit at 
Ogdensburgh, where my brother and sister York lived, and at 
Black-Lake, where my brother and sister Davies resided, and 
with whom my mother was living. My bride was a well-edu- 
cated and accomplished youn^ lady, of sweet temper, cheerful 
spirit, and winning manners. All were charmed with her. 
But when my good, dear, industrious and economical mother 
found that she did not know how to knit, she was really dis- 
tressed, believing I bad been most unfortunate in selecting a 
help-mate, and spoke to me on the subject with deep concern. 
I mentioned it to Mariam. She soon relieved my mother's 
anxiety by offering to learn to knit, if she would teach her. 
This my mother gladly undertook, and in a few days had the 



AND COLLATERAL REMINISCENCES. 43 

satisfaction of seeing a stocking rapidly rising into being and 
shape in the hands of her apt scholar. 

Our visit to Black-Lake had one important result. It 
opened a way for the education and future usefulness of my 
nephew, tlie Hon. Henry E. Davies, now (18()5) presiding 
Judge of our Court of Appeals. He was then a lad on his 
father's farm, but a bright, pleasant boy, and fond of his 
books. His parents made an arrangement with Mr. Conkling 
to take Henry into his family and office, and give him an op- 
portunity to qualify himself for admission to the bar. This 
arrangement was carried into execution. 

Many amusing and pleasant incidents occurred on this 
journey, only one of which I will relate. On our return, we 
stojjped one night at Morristown, and learning that a Nisi 
Prius Court of the King's Bench of Canada was being holden 
at Brockville, on the opposite side of the river, we concluded 
to go over, and see how trials at nisi prius were conducted in 
Canada. We found the court in session. Lord Campbell, as 
he was called, presided. He wore a black silk gown, a wig, 
and a small cocked hat, and was perched on one side of the 
court -room, in a semicircular box, resembling an old-fashioned 
pulpit, resting upon and supported by an upright post, which 
brought his Lordship's head, under his wig and hat, from 
twelve to fifteen feet above the floor of the court-room, so that 
a barrister, when addressing him, was obliged to throw his 
head back and look up. All the lawyers wore black gowns, 
most of which looked pretty seedy. The cause on trial was an 
action of debt on a bond for a deed. There were three 
counsel engaged, two on one side, and one on the other, all 
named "Jones." The plea to the action was simply non 
est factum, which, of course, put in issue only the execution 
of the bond ; yet the counsel for the defendant offered proof 
and desired to show, that his client had performed his bond, 
and given to the plaintiff a deed, according to the condition 
of it. The counsel for the plaintiff objected to this jjroof 
under the plea of non est factum; and besides, asserted, that 
if it was admitted, he would show that the defendant had 



44 AUTOBIOGRAPHY 

no title to the land, and that his .deed was good for noth- 
ing. The two Joneses on one side were actual brothers, and 
the usage of the bar was for all counsel to address and call 
each other " brother." The debate on these questions was 
carried on with Avarmth, and very irregularly for a long time, 
the counsel interrupting each other constantly, but always 
with, " Brother Jones, allow me," or some equivalent expres- 
sion, never omitting, however, the " Brother Jones." Hence 
we heard on both sides, " Brother Jones, allow me " — ^' Brother 
Jones, if you please" — " My Lord, Brother Jones says," etc. — 
" Brother Jones, my Lord, is mistaken in saying," etc. ; and 
so it went on for nearly two hours. Lord Campbell seemed 
to be somewhat perplexed between th(^ technicalities of plead- 
ing and the aj^j^arent justice of the case, but was patient and 
good natured, and every now and then interrupted this tor- 
nado of Brother Joneses, with some pleasant remark bordering 
on, and intended to be a witticism. Finally, as there must be 
an end to all things in this world, the Brothers Jones Avere ex- 
hausted, and awaited My Lord's decision. He decided against 
the defendant, and assigned as a reason, that if the counsel for 
the defendant had intended to make the defence he offered, he 
should have plead nil debit. At this, Conkling and I could 
not help exchanging looks and smiling. Mr. Sherwood, an 
eminent lawyer of Canada, observing us, and struck, too, prob- 
ably with the blunder of his Lordship, rose as amicus curiae, 
and said : " My Lord, this action is on a bond under seal, and 
nil debit is not a good plea in such a case." " Oh ! (says My 
Lord) is the bond under seal ? I hadn't noticed that ; nil 
debit wouldn't be a proper plea." On this the three Jones 
sjirung to their feet, each trying to get the ear of My Lord, 
and each calling the other, " Brother Jones." Conkling and I 
having satisfied our curiosity, withdrew. 

This scene afforded us, on our journey home, many amusing 
hours. Conkling, being a tall man, of rather imposing pres- 
ence, would cross his hat on his head, which gave it a cocked 
look, sit up erect, and personate my Lord Campbell, while I 
would take the parts of the Brothers Jones. 



AND COLLATERAL REMINISCENCES. 45 

If any of my sons ever become lawyers, they will enjoy the 
scene I have described. 

Mrs. Foot and I reached home after an absence of about 
four weeks, and on the invitation of her parents, I took up 
my residence with her at their house. 

My brother, being a prominent member of the Republican 
party, as the biography of him, to which I have already al- 
luded, will show, it was natural for me to fall into the same 
line of politics. Consequently in youth and early manhood, 
I was what in those days was called a " Jeifersonian Demo- 
cratic Republican." This included, as the name imports, a 
high estimate of Mr. Jefferson and his jirinciples, political and 
moral. This estimate of him I continued to hold till some 
years after his death, when I read his life written by his son-in- 
law, Mr. Randolph, which contained a great many of his letters. 
These entirely changed my estimate of his character and prin- 
ciples. 

When the war of 1812 with Great Britain was declared, 
I was a clerk in my brother's office in Albany, and exceedingly 
anxious to obtain a commission in the army raised for that 
conflict. But my brother set his face firmly against it, and I 
yielded to him and continued my professional studies and 
duties. My first vote was given for the Republican candidates 
who supported tlie war, and my first political stand and act 
were on this wise. 

In May, 1812, the Republican members of Congress nom- 
inated. Mr. Madison for re-election as president, and a few 
days after, the Republican members of our legislature nom- 
inated DeWit Clinton for the same office. At that time, Mr. 
Clinton and Ambrose Spencer were, and had been for several 
years, the leaders of the Republican party in this state. They 
were brothers-in-law, and Mr. Spencer, a Judge of the Su- 
preme Court. In June following, Congress declared war 
against Great Britain. This was a measure of the Republican 
party, which had a large majority in Congress. After this, 
Judge Spencer took ground in favor of the election of Mr. 
Madison, which produced a bitter quarrel between him and 



46 AUTOBIOGRAPHY 

Mr. Clinton. The war terminated. A treaty of peace was 
made in Europe, on the 24th of December, 1814, and an- 
nounced at Washington, on the 17th of February, 1815. 

Mr. Clinton, although supported by the Federalists for the 
Presidency, never identified themselves with their party, and 
especially not with their unpopular measure of the Hartford 
Convention. After being defeated in the election for President 
in December, 1812, he was politically in retirement. He con- 
tinued, however, to hold the office of Mayor of the city of 
New York to which he was appointed in February, 1811 ; also 
the office of Canal Commissioner, to which, with several other 
gentlemen, he was appointed by an act of the legislature in 
April of the same year. He was removed from the office of 
Mayor in March, 1815, and the office of Canal Commissioner, 
which he still retained, was unsalaried and merely honorary. 
He was consequently after his removal, out of public employ- 
ment, and in comjjlete retirement. But he was too marked a 
man to be kept there. The legislature met at Albany on the 
30th of January, 1816, and shortly before it met, a large 
meeting of respectable citizens was held in the city of New 
York, at which earnest resolutions were j)assed in favor of the 
construction of the Erie and Chamjilain canals, and an able 
and strong memorial to the legislature, drawn by Mr. Clinton, 
adopted. He went to Albany as agent of the meeting to ad- 
vocate the measure. On the 17th of April, 1816, the last day 
of the session, the legislature commenced in earnest the great 
enterprise of constructing our Eric and Champlain canals, and 
passed an act, the last one of the session, repealing former 
acts on the same subject, and appointing Mr. Clinton and four 
other gentlemen canal commissioners, with adequate powers. 

Before the close of this session of the legislature, Judge 
Spencer and Mr. Clinton had a personal interview, and became 
reconciled. 

Governor Tompkins was nominated as the Republican can- 
didate for the office of Vice-President of the United States 
by the congressional caucus, held at Washington in March, 
1816, and accepted the nomination. His election in December 



AND COLLATERAL REMINISCENCES. 47 

following was regarded as certain. This would produce a 
vacancy in the office of Governor of this state on the 4th of 
March, 1817, and render the election of a successor necessary 
at the election in April following. Mr. Clinton's friends, and 
esj)ecially Judge Spencer, were very active during the summer 
and autumn of 1816 and the winter following, in ^Jressing the 
nomination of Mr. Clinton for Governor by the Rej^ublican 
party. Mr. Joseph D. Selden, of Troy, was one of those 
friends. He and my deceased brother married sisters. This 
connection brought Mr. Selden and myself into intimate re- 
lations. He was a delegate from Eensselaer County to the Re- 
publican convention, held at Johnstown on the 5th of Feb- 
ruary, 1817, to nominate candidates for members of the senate, 
from the Eastern District, to be chosen at the ensuing election 
in April. 

Mr. Selden knowing me to be in favor of the nomination 
and election of Mr. Clinton on account of his identification 
with our auspicious project of internal improvements, called 
on me, and wished me to draw some resolutions approving and 
recommending his nomination, saying that he intended to offer 
them, if he found the convention disj)0sed to adopt them. I 
drew the resolutions. He took them to Judge Spencer for ex- 
amination and approval. The Judge approved of them and 
only made a few verbal alterations. They were then redrawn, 
and Mr. Selden took them to Johnstown. 

The convention nominated candidates for the senate, trans- 
acted all other ordinary business, directed their j)roceedings to 
be signed by the officers of the convention and iiublished ; and 
then state, that " after the ordinary business of the convention 
was finished, the delegates to the convention having freely 
communicated with each other and compared their opinions . 
. . . . and after having chosen J. D. Selden chairman, 
and A. Morrel secretary'-, adopted the following resolutions." 
Then followed a series of resolutions bringing Mr. Clinton 
forward as the Republican candidate for Governor at the en- 
suing election. 

These were the first resolutions, passed by any public 



48 AUTOBIOGRAPHY 

meeting, calling Mr, Clinton again into political life. Whether 
they are the identical resolutions drawn by me or not, I am 
unable to say, though they undoubtedly are substantially, if 
not literally, the same. 

They will be found at the commencement of the volume of 
" Papers Written by me," and marked No. 1. 

Advocating Mr. Clinton's nomination and election was the 
commencement of my political career, and drawing these res- 
olutions, the first act which identified me as one of his sup- 
porters. My support, unimportant as it may have been, was 
given, because he was the chief promoter and most efficient 
conductor of our great canal j)roject. It made me in the po- 
litical nomenclature of the day, a '^^lintonian." The same 
consideration induced me to remain one, until the construction 
of our canals became the established jjolicy of the state, and 
they approached comi^letion ; and until Mr. Clinton, in 1825, 
avowed his determination to support Andrew Jackson for the 
Presidency. He was able to carry but few friends with him 
in this state into the Jackson ranks. 

The preceding statements have been made thus full and 
particular, that my children may see my surroundings, motive, 
and object, when taking my first position, and j)erforming my 
first act as a politician. 

During the winter subsequent to my marriage, which was 
spent with Mrs. Foot at Mr. Fowler's, Benjamin F. Butler, 
then a young gentleman about my age, though somewhat 
younger, and afterwards eminent as a lawyer, politician and 
Christian, joined me in studying French. We engaged a 
teacher, who attended us twice a week at Mr. Fowler's for 
several months. 

On the 21st of June, 1819, a daughter was bom to us, 
whom we named Margaret. 

On the 3d of July following, most unexpectedly, and with- 
out any previous intimation, I received a commission as 
District Attorney for the county of Albany — a highly respect- 
able and responsible office — bestowed by the council of ap- 
pointment then sitting in the city of New York, and as after- 



AND COLLATERAL REMINISCENCES. 49 

wards ascertained, on the nomination and recommendation of 
Governor Clinton.* The manner in whicli this office was con- 
ferred was very gratifying, and greatly enhanced my estimation 
of it. It proved, however, distasteful to me. It brought me 
in contact with criminals and their associates, the degraded 
and hatefully vile, and obliged me to bestow a large portion 
of my time and thoughts on crimes, and the means of detect- 
ing and punishing them. It kept constantly before me the 
worst aspects of poor humanity, and hindered me in cultivat- 
ing those views and sentiments of my fellow-men, which I 
desired to entertain. After liolding the office about six 
months, my wish was to resign it, but at that time, a new 
phase of the old Kepublican party, under new leaders and op- 
posed to Governor Clinton and his state policy, called the 
" Bucktail Party," f was gaining strength and likely to come 
into power, and if they did, would remove from office all 
Governor Clinton's supporters. Under such circumstances, 
resignation did not seem proper, and I held on till February, 
1821, when the Bucktail Council of Appointment removed 
me, and appointed my neighbor, and with truth it may be 
said, Tnj friend, Benjamin F. Butler in my place. Although 
we were never on the same political platform, we were always 
friends and intimates in our social and professional relations. 

On the 18th of October of this year, Mrs. Foot and I com- 
menced housekeeping, slept that night in our own dwelHug, 
and, the next morning, took our first meal at our own table. 
Mr. and Mrs. Fowler were kind and liberal, and furnished our 
house handsomely for us. 

My brother and his family attended the Episcopal church. 
When with them in my college vacations, and afterwards 
when a clerk in his office, and partner in business, I attended 
the same church, and continued to do so for some years after 
his death ; but a controversy arose between the rector and the 
bishop of the diocese, in which the j)arishioners took sides, and 

* He was elected Governor in April, 1817. 

t For the origin of this strange party name, see Hammond's Political 
History of New York. 1 vol., jj, 451. 
4 



50 AUTOBIOGRAPHY 

like other lawyers, having no taste for a quaiTel on my own 
account, withdrew from the church. After our marriage, 
Mrs. Foot and I attended the Second Presbyterian Church. 
She united with the church proper on confession, on the 6th 
of February, 1820, and in the afternoon our little daughter 
was baptized. 

This little daughter, though well formed and healthy, was 
taken ill in the summer of 1820, and notwithstanding change 
of climate, and every other available means of recovery, were 
resorted to, she still grew worse, and died on the 11th of No- 
vember following. This was the only child we ever had. 

This year (1820) the Supreme Court held its October Term 
at Utica. There was but one good hotel in the place. That 
was called " Bagg's Tavern." The Judges and members of 
the bar stayed there. Daniel Cady, of Johnstown, and I oc- 
cupied a room together, and then began an acquaintance and 
friendship, which continued during our lives. Mr. Cady was 
nearly twenty years my senior, yet our friendship grew and 
strengthened with our years. We attended regularly the term 
of the court at Utica for many years, and always occupied the 
same room together. For fifty-two years, viz. from 1795 to 
1847, Mr. Cady was an active and industrious practitioner of 
the law. When I became acquainted with him, and ever 
thereafter, he ranked among the very first class of our profes- 
sion, but his moral qualities were even more prominent than 
his intellectual. He was an ornament to the bar, beloved and 
respected by all ; and when elected a Judge of the Supreme 
Court, as he was in 1847, he carried on to the bench all the 
high qualities, which adorned his character as a member of 
the bar. He remained on the bench till the close of the year 
1855, when, being in the eighty-second year of his age, he re- 
signed. He was a beautiful specimen of a learned, faithful 
and righteous judge. It is said of him, and no doubt truly, 
that during the seven and one-half years he was on the bench, 
" he lost not an hour of time in the discharge of his duties." 
He died in October, 1859. 

When our long and warm friendship, and his many Intel- 



AND COLLATERAL REMINISCENCES. 5I 

lectual and moral excellencies are recalled and reviewed, it 
seems strange to me, knowing my own imperfections, that he 
should have thought me worthy of his unabated friendship. 
His and my intimacy soon brought our families acquainted, 
and mutual visits to each other's houses often occurred for 
several years. His eldest daughter, Tryphena, now Mrs. By- 
ard, made Mrs. Foot many visits, and passed a good deal 
of time with us before she was married. She was a 
bright and very agreeable young lady. In December, 1820, 
she was visiting some relatives in Albany, and was invited to 
meet her father at my house at tea. She was then a miss of 
seventeen. When I came in, she was chatting with Mrs. Foot, 
who introduced her to me as Miss Tryphena Cady, the daugh- 
ter of my friend. The name Tryphena struck me as odd, and 
I asked her, where her parents found that name. She re- 
marked in answer, that she feared I had not read my Bible 
with care, and referred me to Eomans, 16 chap. 12 verse. I 
looked, and there, sure enough, St. Paul says, " Salute Try- 
phena." I could not help an effort to give her a kiss. 

The year 1821 was an eventful one for me. In February, 
as already mentioned, my removal from the office of district 
attorney for Albany County occurred. 

A law having been passed in March of this year, for call- 
ing a convention to revise the constitution of this state, a 
county convention was held at Albany on the 25th of May, to 
nominate delegates from Albany County to the state convention. 

Stephen Van Eensselaer, James Kent, Ambrose Spencer 
and Abraham Van Vechten were nominated. 

A large meeting of citizens was held in Albany on the 
evening of the 31st of May to respond to their nomination 
and promote their election. A professional brother, James 
McKown, who was several years my senior, opened the meet- 
ing with an eloquent and appropriate address, and another 
professional brother, Ebenezer Baldwin, also my senior, intro- 
duced a series of appropriate resolutions, which vrere beauti- 
fully drawn, and the duty was assigned to me of seconding 
them, and delivering a speech in their support. 



52 AUTOBIOGRAPHY 

An outline of my speech was published in the papers of 
tlie day ; hut the latter part of it, in which I spoke of each of 
the candidates in the order they were nominated, was omitted. 
Havino- this day (1865) a distinct recollection of my remarks 
on each of the candidates, I have added them to the published 
outline. The whole will be found in the volume of " Papers 
Written by me," and marked No. 2. 

In the autumn of this year, I purchased a handsome three 
story brick house in Montgomery street, and took possession 
of it in May following. I also purchased a small lot on the 
opposite side of the same street, erected a two story building, 
and occupied it as an office. 

The greatest event, however, of this year, was the entire 
abandonment of the use of tobacco. The habit of using this 
deleterious weed was acquired while at college, and grew upon 
me every year, until finally it became almost a second nature 
to me, and so incorporated in my physical system as to make 
an abandonment of it nearly impossible ; yet it was plain to 
me, that it was gradually undermining my constitution. It 
affected my nervous system, rendering me excitable, and caus- 
ing tremulousness in my hands. It produced inequality in my 
spirits. While under its influence, they rose above the natural 
standard, and when not, fell below. It gave a pallid and sal- 
low hue to my complexion. A desire for the weed strength- 
ened with its use, and caused a steady increase in frequency 
and quantity. I began to fear, too, that it would ultimately 
draw me into the use of more powerful stimulants, of which 
there were many fearful examples within the circle of my 
acquaintances. Under these circumstances, I resolved, one 
Sabbath afternoon, to abandon the use of the weed. 

The keeping of this resolution cost me a severe struggle. 
The restlessness felt, especially after meals, Avas almost in- 
sufferable. It gradually subsided, however, and after a few 
Yv^eeks, could be easily borne and resisted. At the end of six 
weeks, all desire for the vile weed was gone, and also the ef- 
fects of its use. My spirits became equable, my nerves steady, 
and my complexion assumed a natural and healthy aspect. I 



AND COLLx\TERAL REMINISCENCES. 53 

have ever since entertained a horror of tobacco, and feel grate- 
ful for being enabled to abandon its use. 



1822. 

In May of this year, Mrs. Foot and I removed to our own 
house purchased the year before, and took possession of the 
building erected for my office. My partnership with Mr. Ed- 
wards also commenced this month, and relieved me from at- 
tention to the details of business in the office. This gave me 
more time for social duties, study of the classics and general 
reading. 

My house and office were paid for ; my house handsomely 
furnished ; there were no debts against me ; I had several 
thousand dollars safely invested, a good professional business, 
and an income from it considerably beyond my wants. Under 
these favorable circumstances, Mrs. Foot and I determined to 
pay more attention to our social duties. We entertained more 
and visited more than we had done before. 

As we had no children, and Mr. Fowler was abundantly 
able to provide for Mrs. Foot, if she needed such provision, 
there appeared to be no necessity, or motive, except the ig- 
noble one of love of money, for rapid, or large accumulation 
of property. I, therefore, determined to lay up fifteen hun- 
dred dollars a year of my earnings, and spend the rest. This 
was done for thirteen years, and until new duties and respon- 
sibilities rendered larger accumulations necessary and proper. 

Chancellor Kent this year gave me new proof of his friend- 
ship. On his advice and recommendation, his son, William, 
entered my office as a clerk, and remained with me till the 
Chancellor removed with his family to New York, near the 
close of October, in the following year. 

Grateful for the many temporal blessings, a Bountiful 
Benefactor was constantly bestowing upon me, my heart be- 
gan this year to turn towards Him, My memory does not en- 
able me to recall any particular time, when a change occurred 
in my religious views and feelings. That change was gradual, 



54 AUTOBIOGKAPHY 

iincl not complete till several years after it began. My impres- 
sion is, that I commenced asking a blessing at meals in May 
, this year, when we were established in our ov/n house, and 
some short time after that, joined Mrs. Foot in private devo- 
tions in our own room before retiring to rest — first, and for a 
considerable time only on Sunday evenings ; but afterwards on 
every evening. 

1823. 

This year was an important one in my life, for on the 14th 
day of June I commenced a diary, and have continued it to 
the present time (1866). The keeping of it has proved a sort 
of sentinel over me, and materially aided me in my efforts to 
live a useful life. 

The commencement of it is as follows — 

"Yesterday I purchased Dr. Franklin's works, in 6 volumes. 
In the afternoon and evening looked them through ; and although 
I had previously read his memoirs written by himself, and become 
otherwise acquainted with his life and writings, yet I had very in- 
adequate ideas of the extent of his writings, learning and useful- 
ness. While reflecting this morning on his many and eminent 
virtues, I was led to take a retrospect of my own life. How barren 
it appeared ! How dissatisfied I am with myself." 

I then went into a review of my own life for the last fifteen 
years, and particularly of the manner of spending my time, 
and was astonished to find how large a portion of it had been 
uselessly spent. On this my words were — 

" This is most unpardonable, especially since it is a dead loss. 
Wliat a different man I should have been this day from what I 
am, had that time been devoted to the acquisition of useful knowl- 
edge. Eeformation shall take place. Should a kind Providence 
sj)are my life for the next fifteen years, may I be able to give a 
better account of the manner in which it lias been spent. To aid 
me in this respect, I am determined to keep a journal from this 
time, in which shall be noted my time of rising and going to rest, 
and the way my time is spent each day." 



AND COLLATERAL REMINISCENCES. 55 

After noting the time of rising that morning (14th of 
June) this first entry in my diary is closed in the following 
words — 

'• Deeply convinced of my dependence on my Heavenly Parent, 
I implore his aid in reforming myself, and in keeping my resolu- 
tions. God, vouchsafe to me thy assistance in these things. I 
ask it through the merits of thy Son, my Saviour." 

One of the modes of wasting time and intellectual strength, 
which I desired to correct by a diary, was a habit of musing, 
(as nearly as I can describe it by the use of one word.) It did 
not consist in castle-building, but in my thoughts running at 
random, and indulging themselves in wild and luxuriant ram- 
bles in imaginary scenes. 

In my diary of the 16th of June, mention is made of de- 
tecting my thoughts in one of these roving excursions, and I 
say— 

'• They were easily called in. It is clear to my mind, that the 
thoughts may be concentrated and applied to any subject at will. 
One cannot watch them aU the while. Of course, they occasion- 
ally break out, and strike into unexpected trains." 

We often see men of ordinary powers of mind reach high 
distinction, become great men, and leave behind them imper- 
ishable names and rich stores of useful knowledge. My im- 
pression is, that their success is attributable, in a great degree, 
to their ability to control their thoughts and aj)ply them to 
useful and practical objects. 

In the last week of July, business at the Saratoga Circuit 
took me to Ballston Spa, Avhere the court was held. Mrs. 
Foot went with me. We lodged at the Sans Souci, were there a 
week, and made many interesting and valuable acquaintances ; 
among them were two gentlemen of distinction, Harrison G-. 
Otis of Boston, and Professor Benjamin Silliman of New 
Haven. Mr. Silliman and I met frequently, had several in- 
teresting conversations, and became quite well acquainted. 
Our ladies also became acquainted, and we all took a ride to- 



56 AUTOBIOGRAPHY 

gether to Saratoga and spent a day there. Mr. Ab'm Yan 
Vechten also attended this court, being engaged on the op- 
posite side to me in the cause I went there to try. His two 
daughters were with him. When the trial was over, we all 
returned to Albany together. This visit to Ballston Spa was 
a very pleasant one, and also useful socially to me and Mrs. 
Foot. 

On the 26th of September, at 2 o'clock p.m., the water was 
let into the eastern section of the Erie Canal. The citizens 
of Albany determined to celebrate the event of the passage of 
the first boat from the canal into the Hudson river. A meet- 
ing was held and a committee appointed to arrange and con- 
duct the celebration. I took an active part in calling the 
meeting, was on the committee of arrangements, and chairman 
of one of the i:>rincipal sub-committees. The toasts for the 
dinner were drawn by me, and the publication of the proceed- 
ings superintended by me. The celebration took place on the 
8tli of October, 

In my diary, under date of the 28th of October, is an en- 
try in the following words — 

" In the evening we had a small party. Before the company 
came in, Chancellor Kent called and bid us farewell. The parting 
was interesting. The Chancellor was affected and so was I. When 
William and I parted the other day, it was the same." 

The record of this year shows a constant struggle with 
myself to waste no time in unnecessary sleep, musing or other- 
wise ; and yet with my best efforts, I made continual failures, 
over which I sorrowed, and resolved again and again to do 
better for the future, and repeatedly asked the aid of my 
Heavenly Father in keeping these resolutions. My efforts 
were especially directed to spending the Sabbath properly ; 
yet herein, too, I often failed to my deep sorrow. 

My profession, social intercourse, and general reading oc- 
cupied my time almost wholly this year, indeed all of it not 
required for exercise. 



iLND COLLATERAL REMINISCENCES. 57 

182 4. 

This year, as the last, was devoted to my profession, social 
duties, and general reading, with one prominent exception, as 
follows : 

The western part of om' state had become an important 
and influential portion of it ; and since the completion of the 
middle and eastern sections of the Erie Canal, and the early 
prospective completion of the western section, had rapidly in- 
creased in wealth, population, and influence. Although I had 
quite an extensive acquaintance with the prominent men, es- 
pecially those who were members of the bar, in that part of 
the state, I had never had an opportunity to see anything of 
it west of Utica, and had had a desire for some time to travel 
leisurely through it, nor had I ever seen the great wonder of 
this continent — the Falls of Niagara. I had read the history 
of " The old French war," as it was called, that is, the war 
between France and Great Britain and her colonies, especially 
her American colonies, which began in 1753 and ended in 
1762, by which G-reat Britain acquired Canada, and desired 
to visit the various points of interest in that war. My atten- 
tion had also been drawn to the progress which the Koman 
Catholic hierarchy was making in this country ; and as it was 
fully established and was the prevailing and controlling eccle- 
siastical establishment in Lower Canada, I wished to see its 
churches, establishments, and institutions, and learn some- 
thing of them by personal observation. Professor Silliman, 
of Yale College, had made a tour from Hartford, Ct., to 
Quebec in the autumn of 1819, and published an account of 
it the year following. The reading of this (at that time) in- 
teresting pu'olication, had increased my desire to visit Canada. 
Mrs. Foot, too, was equally with myself desirous of observa- 
tion and information, on these various objects and subjects of 
interest. To enable us to make the tour agreeable, as well as 
instructive, I re-read the history of the old French war, and 
made notes of dates and points of interest ; also made myself 
acquainted with the number and character of the Roman 



58 AUTOBIOGRAPHY 

Catholic establishments in this country that I might be able, 
if occasion required, to converse intelligently concerning them, 
and also compare them with those in Canada. With these 
aids, and a copy of Silliman's Tour, I hojoed to realize the 
pleasure and benefits anticipated. 

Early in the spring of this year, we determined to make 
this long contemplated tour the following summer, and made 
our arrangements accordingly. 

Mrs. Foot, myself, and Mrs. Foot's sister. Miss Sarah 
Fowler, now (1865) the wife of Dr. Horace Webster, President 
of the City College of New York, left Albany on the morning 
of Monday the 31st of May, in a canal packet boat, and 
reached Schenectady that evening. The ride was pleasant, 
the mode of traveling being new, and the scenery between 
Albany and Schenectady then fresh and interesting. This, 
we understood, was the first trip of a packet boat on the canal 
between the two places. The boat was commanded by Capt. 
Bogart, a respectable man, nearly or quite sixty years of age, 
wlio had during his active life commanded a sloop on the 
Hudson river, between Albany and New York, but had re- 
tired from active employment. He was selected to take com- 
mand of this first and new boat on account of his great ex- 
perience and trustiness ; and he had drawn from the quiet- 
ness of age his old pilot, who had sailed with him for years 
on the Hudson, that he might have the aid of a true man at 
the helm. The captain took his station a little forward of the 
centre of the boat, and the pilot took the helm. The horses, 
being fresh and unused to the work, started with vigor. The 
captain, as accustomed in his sloop on the Hudson, gave his 
orders to his old and trusty pilot in nautical language, star- 
hoard, port, easy. But the canal was not the wide Hudson, 
nor the horses the wind and sails, and the boat every now and 
then would first bring up on one bank of the canal, and then 
on the other, and would most certainly strike one or the other 
at every turn in the canal. This produced great delay, and 
by the time we reached Schenectady, captain, pilot and horses 
were thoroughly worn out. 



AND COLLATERAL REMINISCENCES. 59 

While the boat was passing through the locks west of 
Troy, the ladies and I called to see some friends in the neigh- 
borhood, and afterwards went and viewed the Cahoes Falls. 
The river was high, and they presented an imposing sight. 
The whole brow of the precipice was covered with water. 

General Wadsworth, of Geneseo, was one of our fellow- 
passengers. He and I had a good deal of pleasant conversa- 
tion during the day. 

The next day we left Schenectady early in the morning in 
a i^acket boat, and went to the town of Canajoharie, about 
half way to Utica, and oj)posite to Palatine Bridge. There 
we left the boat, crossed the Mohawk to Palatine, and staid 
there over night. Of this day's journey, I say in my diary — 

" The ride was delightful, the weather was fair, though warm. 
We passed through the vale of the Mohawk. The canal is so high 
as to give one on a boat a full view of the whole vale. There was 
no great variety in the scenery, but uniform richness. Nathaniel 
W. Howell, of Canandaigua, his son and daughter, and General 
Wadsworth, with about thirty others, were on the boat. I had 
considerable conversation with Mr. Howell and General Wads- 
worth." 

The following day, being Wednesday the 2d of June, we 
recrossed the Mohawk, and took the packet boat from the east 
to Utica, where we arrived that evening, and stopped at 
" Baggs Tavern," then the leading hotel of the West and ad- 
mirably well kept. 

Of this day, I say in my diary : 

" The ride was pleasant. The scenery was much the same as 
that from Schenectady to Canajoharie. The vale of the Mohawk 
was continually presenting her riches to our view, and through 
the town of German Flatts, they were abundant. There was one 
exception to this, viz., the scenery in the neighborhood of Little 
Falls. It is not only beautiful, but almost, if not quite, grand. It 
certainly excites different emotions from the beautiful in nature. 
It is wild and commanding. 

" The canal appears to be well made, and in viewing it and 



60 AUTOBIOGRAPHY 

the scene, no idea was more prominent in my mind, than this, 
that the strength of man, appHed and gnided by science and 
wisdom, is almost irresistible. The aqueduct surpasses all 
pieces of masonry I have ever seen, though I have seen but few. 
All the passengers on the boat were strangers to me." 

The next day, we took a carriage and went to Trenton to 
view the Falls. We spent the day there and returned to 
Utica in the evening. We dined at Sherman's, who then kept 
the " Eural Kesort," near the Falls, a small, neat, pleasant 
house. Our time was wholly occupied in viewing the Falls. 
My diary contains a full description of them, covering several 
pages of manuscript, which I sat up till twelve o'clock that 
night to write. But these Falls are now (1865) so universally 
visited, that a description of them would be tedious. If my 
children have any curiosity to see my description of them, 
they will find it in my diary, "The Falls (I say) border on 
the grand," .... The display of scenery was hold and 
rich. I must leave the subject with recording one appearance, 
as it is now almost 12 o'clock. The column of water, at the 
summit of the first section of the great fall, and at the sum- 
mit of the first fall, was black as elsewhere in the creek, but 
as soon as it turned over the brow of the j^recipice and took 
the rays of light laterally, it assumed a rich yellow hue, and 
grew lighter and lighter until it reached the bottom. On this 
column the air raised puffs, the base of which had the color 
of the column. They grew lighter until the point became 
white, and terminated in spray. The column was full of these 
puffs, especially towards the bottom." 

On Friday the 4th of June we left Utica early in the 
morning in a post-coach and rode to Onondaga Hollow, which 
we reached in the afternoon. Nothing worthy of notice oc- 
curred in this ride. We breakfasted at Vernon Village, and 
dined at Manlius. I only mention in my diary that as we 
descended the hill towards Manlius, the face of the country 
improved in appearance. 

At Onondaga Hollow, I met some professional acquain- 
tances, and passed some time with them. In the evening I 



AND COLLATERAL REMINISCENCES. Ql 

went with the landlord of the tavern at which we stopped, to 
examine a jootashery, and learn the mode of manufacturing 
potash. The operation is simple. The ashes are leached, the 
lye boiled down till it becomes thick and ropy. It is then 
purified by being subjected to a high heat in fresh kettles. 

The next morning we started early to visit the villages of 
Syracuse and Salina, and view and examine the salterns of 
those villages. We met at Syracuse two gentlemen of my 
acquaintance, who resided there. Judge Joshua Forman and 
Mr. Moses D. Burnet. They accompanied us to Salina, showed 
us all the arrangements for raising and distributing the salt 
water and manufacturing salt at the villages of Syracuse, 
Salina, Liverpool and Geddes. My diary contains a full de- 
scription of them and of the different modes of manufactur- 
ing salt. They are substantially the same at the present day 
(1865), though on a far more extensive scale. They were new 
and interesting to me then. All well-informed persons are 
now acquainted with them and I will not repeat them. 

In the afternoon we left Onondaga Hollow for Auburn 
where we arrived that evening. Before dismissing our stop 
at the Hollow and our ride to Auburn, I will mention a few 
things found in my diary. 

The view, from the summit of the hill on the west of the 
village, where the Onondaga Court House formerly stood, is 
quite extensive. Syracuse, Salina and Liverpool are plainly 
seen, and I thought the waters of Oneida lake were also vis- 
ible. The view also from the summit of the hill east of the 
village is beautiful. It embraces the Hollow and the sloj^e 
beyond. All beautiful land and well cultivated. In our ride 
to Auburn we passed through Shaneateles, a beautiful village, 
whore I met James Porter and F, Gr. Jewett, friends and 
members of the bar. With each in subsequent years I had 
intimate relations. Mr. Porter was Register in Chancery for 
several years, in which court I had an active practice. Mr. 
Jewett employed me as counsel to try and argue his causes at 
the East, and finally served with me as Judge of the Court of 
Appeals. 



62 AUTOBIOGRAPHY 

We spent Sunday the 5th of June in Auburn. I had 
several friends and acquaintances there. We attended the 
Presbyterian church in the forenoon with my friend John 
Porter, heard a sensible and instructive sermon from Professor 
Mills — the pastor, Kev. Mr. Lansing, being too ill to preach. 
I find an entry in my diary in the following words — 

" I enjoyed the services this morning, and before church, held 
considerable communion with my Heavenly Father. I thank Him 
most sincerely and devoutly for his protection during the past 
week over me and mine, we having been several times exposed to 
danger." 

We attended church in the evening and heard a sensible 
sermon from the pulpit of the Presbyterian church, delivered 
by a Baptist clergyman of the name of Wycoff. I say in my 
diary — " This is as it should be." 

Several friends and acquaintances called upon us in the 
evening. Among them. Judge and Mrs. Enos T. Throop, Mr. 
and Mrs. George B. Throop, my friend Porter, Mr. Alexander 
Spencer, Judge Elijah Miller, Dr. Smith, and Mr. Hulbert, a 
prominent member of the bar. We passed a pleasant evening, 
our friends seeming happy to see us. The next morning, my 
friend Porter and his sister called and took us to see the state 
prison. Captain Lyon, who had charge of it, took us all over 
it and showed us every thing of interest. I made full entries 
in my diary of every thing we saw, but all are now (1867) ac- 
quainted with the Auburn prison. It has ceased to be an ob- 
ject of special interest as it was in 1824, and the entries in 
my diary are not worth repeating. 

At Auburn, I hired a carriage, pair of horses and driver, 
to take us the rest of our journey. After viewing the 
prison, we left Auburn for Greneva, where we arrived at sun- 
down. Little did I think then of the scenes, through which 
in after-life, I have passed in that village, and where I am 
now (9th of March, 1867), writing these lines. 

At Cayuga bridge, on our way to Geneva, I met several 
paternal relatives. From them I learned that my uncle, Isaac 



AND COLLATERAL REMINISCENCES. g3 

Foot, my father's youngest brother, was still living in Bain- 
bridge, Chenango County. We dined at Waterloo, where I 
met several professional friends. On approaching Geneva; we 
rode on the beach at the foot of the Seneca lake, which gave 
us a beautiful view of the village. 

We left Geneva early on Tuesday morning, the 8th of 
June, and rode to Canandaigua to dinner. We did not go on 
the direct road, the turnpike, but turned off to the north, and 
passed through the towns of Phelps and Manchester, and by 
the sulphur springs. The country was beautiful and the ride 
pleasant. I called upon General Philetus Swift, who lived in 
Phelps, and whom I knew. He was not at home, but I saw 
him afterwards working' on the highway. He was a prominent 
politician, and had been a member of our state senate eight 
years, from 1811 to 1818. 

At Canandaigua, I found several acquaintances. Among 
others, a young lawyer, by the name of Misner, whom I had 
examined on his admission to the bar in 1818, and who had 
been a partner at Geneva of Mr. Stoddard, a lawyer of con- 
siderable distinction. I called on Mr. Howell near the close 
of the afternoon. He and his daughter returned with me to 
the hotel to see Mrs. Foot and her sister. We all went home 
with him, took tea and spent a pleasant evening. 

The next day we rode from Canandaigua to Caledonia, 
and this was rather an eventful day. 

Soon after crossing the Genesee river, and while on the 
flats in the then Indian reservation, and near a village of the 
Seneca Indians, our carriage sunk into the mud so deeply, as 
to require several hours of labor to extricate it. I went with 
the ladies to the Indian village, found a pleasant squaw, left 
them with her, and returned to assist in getting out the car- 
riage. 

The springs, or rather the immense spring at Caledonia, 
is a great curiosity. I examined it fully. My diary contains 
a full account of it, and of the probable source of the 
water, also a notice of some other things in the vicinity, all 
then new and objects of interest to me. 



g4 AUTOBIOGRAPHY 

The next day, we rode tlirough Batavia to Williamsville, 
a village in the town of Amherst. The Court of Common 
Pleas was in session at Batavia, and I met there several pro- 
fessional acquaintances, among them, Levi Rumsey, who was 
a partner with my brother in business at Troy before he re- 
moved to Albany. Nothing of special interest occurred this 
day. My diary only contains some brief observations on the 
form and character of the country, through which we passed. 
We reached the then village of Buffalo early in the fore- 
noon of the next day, and remained there till after dinner. I 
spent my time in Buffalo, in examining the location of the 
village, the situation of the harbor and course of the two 
creeks which form it, the position of tlie pier, and the course 
and termination of the Erie canal ; also in calling on some 
acquaintances, and on my relative, Ebenezer F. Norton, and 
his family. With the latter we passed some time. His daugh- 
ter called to see the ladies and accompanied us in a ride round 
the village. 

My diary contains a full account of every thing I saw at 
Buffalo, but that is now (1867) a great, populous city, and 
known to all. 

After dinner we rode down to Black Bock. I viewed the 
works there connected with the canal, and then crossed the 
river to Canada, called on the Canadian collector, arranged 
with him the amount of duty to be paid on the carriage and 
horses, called on General P. B. Porter, was introduced to Mrs. 
Porter, and had a pleasant though short visit. The General 
came down to the river with me to see the ladies. After cross- 
ing the Niagara, we rode up to Fort Erie, about two and one- 
half miles, to take a look at it. The ride from there to the 
town of Willoughby, where we lodged that night, was beautiful. 
The road was on the bank of the river and excellent. 

I find the following entry in my diary — 

At the upper end of Grand Island, the west branch of the river 
turns circularly northwestwardly. The view from the northwest- 
side of this circle was charming. The water was calm and all 



AND COLLATERAL REMINISCENCES. gg 

nature quiet. The sun was near setting. We passed some excel- 
lent farms." 



The next morning (Saturday, 12th of June), we rode to 
the Falls, and took lodgings at the hotel kept by Forsyth. 
The ride was charming, the road being good, and still on the 
bank of the river. We remained at Forsyth's till after break- 
fast on Tuesday, the 15th of June. On Sunday, we at- 
tended the Episcoi^al church, and for the first time, heard 
prayers for the king and royal family. We spent Monday on 
the American side, and dined at the Eagle Hotel. 

My whole time, while at the Falls, was occupied in view- 
ing them from various positions and at various hours, day and 
night, visiting and examining the grounds, on which the bat- 
tles were fought in 1814, between us and the English, and 
other objects of interest in the vicinity. My diary contains a 
full description of the Falls, rapids, and river, as they ap- 
peared at the different positions I occupied — of the solar and 
lunar iris, of the latter particularly, as it was the most per- 
fectly beautiful object in nature I ever saw — of the battle- 
fields and other objects of interest. 

We met and became acquainted with several intelligent 
and agreeable persons at the Falls, whose names I have pre- 
served, but will mention only two, as they afterwards contrib- 
uted in no small degree to the pleasure of our tour. One was 
Josiah Quincy, Jr., a very pleasant and intelligent young gen- 
tleman of Boston, a son of the distinguished gentleman of that 
name, to whom we were introduced at dinner at the Eagle 
Hotel by a Mr. Warner, of Boston, whom we first met at 
Canandaigua, and afterwards at Forsyth's ; the other was a 
young English officer by the name of Vivian. 

On leaving Forsyth's, we passed down the river on the 
Canadian side, stopped opposite the whirlpool, went down 
the bank to the water, walked around the whirlpool to the 
gorge, and viewed the whole scene, which was impressive, and 
is fully described in my diary. On arriving at Qucenston 
Heights, we got out of the carriage, sat down on an old para- 
5 



QQ AUTOBIOGRAPHY 

pet, and read General Van Rensselaer's account of the battle 
there, on the 13th of October, 1813. We walked over the battle- 
field, saw the place where General Brock was killed, and the 
location of the monument being erected to his memory. The 
foundation was laid, and a few feet of the pedestal built. My 
diary contains the following entry : 

"The view from Queenston heights is grand. The Niagara 
river. Lake Ontario, Lewiston, Queenston, St. Davidstown, Niagara, 
Fort George, Fort Niagara, the plain on both sides of the river 
below the steep from the Black Rock and Buffalo level, as far as 
the eye can reach, are visible. The appearance of the river, as it 
presents itself from the great chasm, is beautiful. The color of the 
water is a deep, bright green. The river wheels along in stately 
eddies until it has gained sufficient room, and then calmly pro- 
ceeds to the Lake." 

We dined at Queenston, and in the afternoon, rode down 
to Niagara, the site of old Fort George, a flourishing and 
rather pleasant village, and stayed over night. We found the 
road good, the land fertile and well cultivated. The ride was 
consequently agreeable. We walked round and over the fort. 
It was in a ruinous condition. The body of General Brock is 
interred in the northwest bastion, but is to be removed to the 
monument when completed. There were four companies of 
troops at this station, and the only part of the establishment 
in good order, was the barracks, and especially the officers' 
quarters. After viewing the fort, I read the account of the 
taking of it on the 27th of May, 1813, by General Dearborne 
and Commodore Chauncy ; and remark in my diary that " It 
is highly interesting to peruse these accounts on the ground, 
as one can locate every thing and see its bearings." 

The next day, (Wednesday, June 16), directly after break- 
fast, we crossed the river to our side. We walked from the 
ferry down to our fort Niagara, entered it, were received by 
Lieutenant Morris and conducted over it. He pointed out 
every thing of interest. It is in far better order than any of 
the forts on the other side of the river. The view from the 
;top of the large mess-house was magnificent. At the south 



AND COLLATERAL REMINISCENCES. 67 

it is limited by the steep, which bounds the table land next 
to the lake, but in all other directions, is unlimited. After 
viewing the fort, we rode to Lewiston, and up the river towards 
the Falls, to obtain views of them from our side. We enjoyed 
these views, and my diary contains a full description of them. 
The view from Lewiston Heights is the same as from Queenston 
Heights, but surpasses it in one particular, viz. the course of 
the river to the lake is all the way visible, which is not the 
case on the other side, I conclude my description of the views 
of the Falls and river from the American side, with the re- 
mark, " I have had more interesting views of the Falls and 
river to-day, than on any other day." 

We returned to Lewiston near the close of the afternoon, 
but rode on towards Eochester on the ridge-road to Cambria, 
where we staid over night. Of the ridge-road I sa}- — " It 
meets my expectations and is a wonder." In this ride an in- 
cident occurred which I find entered in my diary as follows — 
" On the way, we found four or five Indians shooting with bows 
and arrows at a black squiiTel in a high tree. I i)romised a 
quarter to the one who brought him down. This made all 
ambitious. The sport was an interesting sight. They shot re- 
markably well, and soon brought the squirrel down. I paid 
the promised reward, and gave a shilling to a boy, who just 
hit him, but did not bring him down." 

We proceeded on the ridge-road from Cambria to Roches- 
ter, turning off, however, to Lockport to view the deep cut- 
ting through the rocks for the western section of the Erie 
canal, and the five double locks at that place, to raise the 
canal on to the table of land on wdiich BufRilo and Black Rock 
stand. Two of them were nearly completed. Although tht> 
road to Lockport, and back to the ridge-road, was the worst 
I ever traveled over, yet we were fully rewarded by the knowl- 
edge we acquired of the interesting and gigantic works in the 
course of construction for completing our great chain of in- 
ternal improvement. We lodged at Hartland and again at 
Parma, and reached Rochester early in the afternoon of Satur- 
day, the 19th of June. There is great sameness in the face 



68 AUTOBIOGRAPHY 

of the countiy, the Avhole length of the ridge-road, and nothing 
special occurred on our ride on it. On the evening of the 
night we lodged at Parma, I went to hear a Universalist cler- 
gyman preach in the school-house. I say in my diary that 
his sermon " consisted of barefaced sophistry and j)erversion 
of the plain meaning of Scripture.'' 

At Rochester, I dismissed our carriage, and sent it back 
to Auburn, where it was hired. We remained in Rochester 
till the afternoon of Tuesday, the 22d of June, when we took 
a steamer for Ogdensburgh. I had a number of friends and 
acquaintances in Rochester. Our time there was spent in 
visiting, receiving idsits, reading, walking and riding. We 
looked at every thing interesting in and around Rochester, es- 
pecially the upper and lower falls of the Genesee river, the 
immense water power and arrangements for using it, and the 
l^rincipal mills and manufactories. We attended church twice 
on the Sabbath, forenoon and afternoon. I was interested in 
both services, and so interested, especially in the forenoon, as 
to record in my diary some thoughts respecting the Bible pre- 
sented in the sermon, and then new to me. Several pages in 
my diary are tilled with descriptions of what I saw at Roches- 
ter, accounts of the visits we made and received, of the friends 
we met, and acquaintances made while there. 

Mr. Quincy and Lieutenant Vivian joined us at Rochester 
a few hours before we left. They came on the steamer from 
the head of the lake, and returned on board with us. 

To show how much bitter feeling was excited by our war 
Avitli England in 1812, and to what extent it still remained 
with many of our citizens so late as 1824, 1 will mention, that 
in the post-coach, in which we rode from Rochester to Hand- 
ford's Landing, where the steamer lay, besides ourselves, 
Quincy and Vivian, was an old man from Pennsylvania, who 
had commanded a regiment of militia in the war. Lieutenant 
Vivian wore an undress uniform. As soon as the old colonel 
found himself in the presence of an English officer, he seemed, 
as the phrase is, " spoiling for a fight." After a while, he 
boiled over, and to use another cant phrase, " pitched into " 



AND COLLATERAL REMINISCENCES. (59 

Vivian, and was grossly insulting. Vivian was too much of a 
gentleman, to become a party to a quarrel in a public coach, 
and in the presence of ladies ; but I interposed, and showed 
the pugnacious old colonel, how unmanly and inhospitable it 
was, after peace, and on our own soil, to be rude to an open 
enemy, who had only obeyed orders in fighting us. 

The steamer left the landing about 5 o'clock p.m. The 
sail down the Grenesee river to the lake was delightful. The 
river and the scenery on both sides were beautiful. The after- 
noon and evening were pleasantly passed on the steamer. Our 
first landing was at Sacketts Harbor, which we reached the 
next morning about 10 o'clock, and remained till 11 o'clock 
the following evening. Dr. Day of the army, and Captain 
M. T. Wolsey of the navy, were friends of mine, and stationed 
at the harbor. We had a charming visit there. We dined 
with our friends, and attended an evening party at the canton- 
ment, where we met several agreeable officers and their ladies. 
There were a number of objects of interest at the harbor. 
Among them the frame of the great ship, the building of 
which was commenced near the close of the late war with Eng- 
land. I looked at them all in company with Dr. Day, and 
wrote a full account of them and of our visit. My friend, 
Mr. Moss Kent, joined us here, in accordance with a previous 
arrangement made before we left Albany. 

When I rose the next morning, we were opposite Cape St. 
Vincent. We passed down the St. Lawrence through the Thou- 
sand Islands, and arrived at Ogdensburgh about 1 o'clock p.m. 
Tlie passage through the islands was beautiful, indeed, all the 
way to Ogdensburgh. 

With the aid of my friend, David C. Judson, we engaged 
a passage from Ogdensburgh to Montreal, on board a " Dur- 
ham boat," as it was called, but which was, nothing more nor 
less, than a large scow, about 50 or 60 feet in length, and 12 
or 15 feet in width, with sides about 4 feet high, a mast, and 
one large sail to go before the wind, a sweep for a rudder and 
helm, and six or eight oarsmen, with long, stout oars. On the 
gunnels, were placed wide boards to keep the water out, when 



70 AUTOBIOGRAPHY 

the boat dashed through the rapids, or encountered heavy 
swells in the river. On this craft, our party, consisting of 
Messrs. Kent and Quincy, Mrs. Foot, her sister, and myself, 
left Ogdensburgh about 3 o'clock p.m., on Saturday, the 26th 
of June. 

The two days, we were at Ogdensburgh, were passed by 
Mrs. Foot, her sister, and myself, with my relatives, at Ogdens- 
burgh, where my sister York resided, and at Black Lake, the 
residence of my sister Davies. 

We arrived at Montreal on Monday morning, about 9 
o'clock. We stopped the first night on the Canadian side, 
opposite our town of Massena, and about one mile below the 
Longue Sault. The next morning, we stopped at St. Kegis 
and breakfasted there. On Sunday night we reached Cha- 
teauguay, on the east side of Lake St. Louis, and lodged there. 

In this clumsy craft, we passed through all the rapids of 
the St. Lawrence river — the Longue Sault, Le Coteau du Lac, 
Les Cedars, including Split Kock and the Cascades, Lachine 
and Montreal. Through each of them, the captain took a 
pilot. When we neared any of them, every oarsman took his 
oar, and rowed with a will, as we passed through, thus giving 
the boat headway so that she would obey her helm. Although 
I wrote a pretty full account of this journey from Ogdens- 
burgh to Montreal, I did not attempt to describe these rapids, 
or the sensations created by the hazardous passage through 
them. 

A few years since, I passed them again, on an excursion 
with my daughters, in a strong, quick steamer, which, although 
propelled by steam and obedient to her helm, rolled and sheered 
fearfully. I could but recall the Durham boat, and wonder, 
how we could have ventured to encounter, on such a craft, 
these raging waters. 

At St. Regis we witnessed an interesting ceremony of the 
Papal church. The Indians, it appeared, were all Romanists, 
and one of them was near death. The priest made a formal 
visitation to his dying parishioner, and administered their 
sacrament of extreme unction. The priest led, and all the 



AND COLLATERAL REMINISCENCES. 71 

Indians and squaws, in their peculiar costume, followed in 
procession, with a slow and solemn movement. On arriving 
at the wigwam, in which lay the sick one, the priest entered, 
and the Indians and squaws all kneeled around and remained 
in that posture till the ceremony was over. Their unsophis- 
ticated and honest hearts seemed to be earnestly engaged, in 
giving their departing comrade a safe passage to the land of 
spirits, and an early deliverance from purgatory. 

We passed Monday, Tuesday and Wednesday in Montreal. 
I had letters to Messrs, S. Sewell and H. Grates. Mr. and 
Mrs. Ogden, friends of Mr. Kent, called early upon us. We 
also found Lieutenant Vivian at Montreal. All were attentive 
to us and rendered our visit to Montreal far pleasanter than 
we had anticipated. Our time, my own especially, was de- 
voted to visiting the institutions of Montreal, particularly the 
Koman Catholic establishments. I looked into all their 
churches, visited all their nunneries and the hospitals attached 
to them, and inquired into their foundations and j)resent re- 
sources. I did the same in regard to their schools and semi- 
naries of learning. My visits and inquiries also extended to 
other religious establishments, more particularly the Episco- 
palian. I attended one of their courts of law, and obtained 
a general view of their judicial system. In a word, I sought 
and obtained what information I could, in regard to every 
thing in and about Montreal worthy of observation. The 
fruits of my visits and inquiries fill thirteen pages of my 
diary. If any of my children shall wish to learn any thing 
about Montreal, as it was in 1824, they will find it in some of 
those pages. 

We went on board the steamer for Quebec, at 9A o'clock 
on Wednesday evening the 1st of July, We landed there on 
Friday morning following after a pleasant passage. I have 
described in my diary the country on each side of the river, 
and the objects of interest observed on the way down. We 
remained in Quebec until Thursday evening, the 8th of July. 
On the afternoon of the 6th, we met our friends Mr. and Mrs. 
Delavan, of Ballston, and on the evening of that day, our 



72 AUTOBIOGRAPHY 

friends and traveling companions, Messrs. Kent and Quincy, 
took leave of us and left, Mr. Kent for Plattsburg where we 
were to meet him again, and Mr. Quincy for home. We 
parted with mutual regret. Their duties did not allow of a 
longer stay, and I had not yet completed my survey of Quebec 
and the vicinity. That city and its surroundings are full of 
interest. The seven days we passed there were filled with in- 
struction and i^leasure. The manner of spending them, the 
objects seen and examined, and the persons met, are fully 
stated in my diary. 

As a specimen of the diary I kept on this tour, a coj^y of 
that kept at Quebec will be found among " Papers Written by 
me," as No. 3. It will also show the many objects of interest 
in and around Quebec, which arrested my attention. 

We reached Montreal on our return, on Saturday morning 
the 10th of July. We had a pleasant passage up the river. 
Nothing of special interest occurred. We stopped at Trois 
Rivieres, and at the town of William Henry. The govern- 
ment has a small establishment at the latter place, which is a 
pleasant village. The scenery near it is tame, though beauti- 
ful. The approach to Montreal was handsome. The principal 
objects in sight were Longuiel, La Prairie, the island of St. 
Helena, the little island at the northwest end of it, the Rapids 
and Montreal. We left Montreal soon after our arrival, in a 
steamboat for La Prairie, in company with Mr. and Mrs. 
Delavan. As we passed through the bay of Montreal to La 
Prairie, we had a beautiful view of the bay and surrounding 
objects, esjjeciaily of the Lachine rapids. They had a charm- 
ing appearance. The contrast between their appearance, and 
what we had actually found them, as we came through them, 
was striking. Our boat to La Prairie dashed directly through 
the Montreal rapids. We made a short stop there, and as I 
was on the lookout for every thing worth knowing about Can- 
ada, I learned from some one, whom I met there, but whose 
name, if known, has not been preserved, that the Roman 
priests are entitled to, and have delivered to them one twenty- 
sixth part of the products of the earth, and an action against 



AND COLLATERAL REMINISCENCES. 73 

all Papists who omit to deliver it. When a new church is 
necessary, the bishop gives an order for its erection on the 
petition of a majority of the parish, and a tax is laid to meet 
the expense. We, and Mr. and Mrs. Delavan took a carriage 
together for St. Johns. We reached Chambly late in the 
afternoon and staid over night, and the next (Sunday) morn- 
ing rode to St. Johns, where we passed tlie day, hut found no 
Protestant churcli. The bay of Chambly is a beautiful ex- 
panse of water. On the oj)posite side of the Chambly river 
lies the mountain of Bcloeil. Its outlines are bold, it stands 
alone, and is the only mountain in all that region. Our ride 
from La Prairie was over a perfectly level country. 

On Monday morning, the 12th of July, we took a steam- 
boat at St. Johns through Lake Champlain to White Hall. 
Our friend, Mr. Kent, came on board at Plattsburgh, and left 
at Basin Harbor at about 11 o'clock that night. He intro- 
duced me to Mr. John Hone, Jr., of New York, who was on 
board the boat with his family. The next morning our fam- 
ilies became acquainted. We all, Mr. and Mrs. Delavan, Mr. 
Hone and his family, and ourselves, went from White Hall to 
Sandy Hill in a canal boat. AVe had a pleasant passage through 
Lake Champlain, and from White Hall to Sandy Hill. At 
this place we staid over night. The next (Wednesday) 
morning, Mr. and Mrs. Delavan left us for Saratoga. Mr. 
Hone and his family in his carriage, and we in one we hired, 
rode down to Fort Edward, up to the great dam, examined it 
and the mills adjacent, then through the village, and looked 
at the ruins of the old fort. As we returned, we stopped on 
the hill north of the village, and viewed the tree and spring 
where Miss McCrea was murdered. We stopped at Glens 
Falls and spent an hour looking at them. They are beautiful. 
I wrote a full description of them in my diary. From there 
we rode to Lake George, where we arrived about 3 o'clock p.ji. 
I spent the evening playing chess with an English officer, who 
belonged to the corps of engineers. He told me, that a son 
of General Burgoyne, and a son of the traitor, Arnold, be- 
longed to the same corps ; the former a colonel, and the latter 



74 AUTOBIOGRAPHY 

a lieutenant-colonel. Thursday, till 3 o'clock p.m., was passed 
delio-litfully on the lake. Mr. Hone and family were with us. 
After our return, Sarah and I took a ride on horseback to 
Bloody Pond. The next day, after breakfast, Mr. Hone and 
his family and ourselves left for Saratoga. We stopped and 
looked again at Glens Falls. They appeared to better advan- 
tage than when we examined them before, as the sun shone 
fully on them. We had a charming ride this day. We 
stopped at my friend Chancellor, then Judge Walworth's. 
We left the next (Saturday) morning for home, where we ar- 
rived near the close of the afternoon. We stopped at Ballston 
Spa and made a short visit to my niece, Mrs. Booth, her hus- 
band and family. We found all right at home. 

A couple of letters from Mrs. Foot to her parents ; one 
from Niagara Falls, dated the 12th of June, and the other 
from Quebec, dated the 6th of July, will give outlines of our 
tour, and show her qualities of head and heart. They will 
be found added to my " Diary at Quebec " which is No. 3 of 
" Papers Written by me." 

In my diary, under date of " Sunday morning, July 18," 
being the morning after we reached home, is the following 
entry — 

'• Our prayer lias been answered, and we are home in safety. 
Heavenly Parent, accept our thanks, our poor but sincere thanks 
for this eminent exertion of thy protecting kindness." 

The residue of this year was passsd in Albany, except the 
first three weeks in August, which were passed at Utica, at- 
tending the Supreme Court. Mrs. Foot accompanied me as 
far as Johnstown, where she made a visit to our friends, Mr. 
and Mrs. Cady, also a visit of a few days to our friends, Mr. 
and Mrs. Simeon Ford, at Herkimer. My time at Utica was 
spent usefully in court, and very agreeably out of it in society. 



AND COLLATERAL REMINISCENCES. 75 

1825. 

The following entry is in my diary, under date of the 1st 
of January, of this year — 

'•' Thus my year has closed. 1 will not comment on the man- 
ner in which 1 have passed it. Oh, Heavenly Parent, may I find 
myself in life and health at the end of the present new year, a 
better man — a more devoted Christian." 

This year, like the last, was principally devoted to my pro- 
fession, social duties, and general reading, but diifered from it 
in two particulars. I paid more attention this year to public 
interests, and classical studies. 

On the 12th of January, I drew a memorial to our legis- 
lature in favor of improving the " Navigation of the Hudson 
Eiver." It is No. 4 of '•' Papers Written by me." This me- 
morial was published in the Albany Argus, on the 18th of 
January, preceded by a short article written by me. That 
article is No. 5 of " Papers Written by me." On the 26th of 
that month, I appeared before the joint committee of the 
legislature on canals, and advocated a project for improving 
the navigation of the Hudson below Albany. 

There was an effort made by my friends in the legislature, 
in the month of March this year, to remove the then incum- 
bent, and appoint me attorney-general of this state, but it 
did not quite succeed, and it was probably fortunate for me 
that it did not, as it would have drawn me fully into the vor- 
tex of party politics, and retarded my progress in more elevat- 
ing pursuits. 

Our Erie canal was completed early in the autumn of this 
year, and its completion was celebrated in Albany on the 2d 
of November. I was on the committee of arrangements, and 
took an active part in the celebration. In the month of De- 
cember I was engaged with others in an effort to establish an 
orphan asylum in Albany, and wrote one or more articles for 
the public journals in favor of the measure, but have not pre- 
served them. 



76 AUTOBIOGRAPHY 

On the 30th October of this year, I formed and recorded 
in my diary a resolution in the following Avords — " I resolve 
to become familiar with the Greek, Latin, French and Span- 
ish languages." 

In execution of this resolution, I read the Greek Testa- 
ment every Sunday, Horace or some other Latin author every 
morning, employed a French teacher, and studied, recited and 
conversed in French every evening not otherwise necessarily 
occupied, during the rest of this year. I was in earnest and 
made fair progress in these languages. I purchased some 
books for studying the Spanish language, but had no teacher 
and made little or no progress. I found, moreover, that a 
good knowledge of French and Latin would enable me, in a 
very short time, to master the Spanish. 

On the 20th of this month I had removed my library from 
my office to my house, and thus enabled myself to save scraps 
of time, and prosecute to greater advantage my professional 
and other studies ; and to the same end, on the 1st of Novem- 
ber, the articles of copartnership between Mr. Edwards and 
me were altered, so as to give him a larger share of the busi- 
ness, cast upon him more duties and less on me, and thus give 
me more time for the pursuits mentioned. 

Nearly the whole of this year was passed in Albany, I 
was absent only on three occasions. The month of June and 
the first week in July were passed in New York, attending 
the Court of Chancery, in which I argued several causes. 
Mrs. Foot was with me. We had rooms at Mrs. Mann's, 
in Broadway. She kept one of the best, if not the very 
best, boarding-house at that time in the city. My friend, 
Mr. Cady, and his daughter, Tryphcna, were in the city 
with us, and at the same house. We had a considerable 
number of friends in the city of high social position. Among 
them were Chancellor Kent and his family, and Cadwallader 
D. Colden and his femily. Our time socially Avas passed most 
agreeably. Beside attention from friends, we made several 
new and valuable acquaintances. The first two weeks in 
August were passed at Utica, attending the Supreme Court. 



AND COLLATERAL REMINISCENCES. 77 

Mrs. Foot was with me there, also. We passed our time 
pleasantly. Our friends were kind and attentive to us. Mrs. 
Foot and I spent a few days in October at West Point, where 
Ave went to attend the wedding of my nephew. Professor 
Charles Davies, which occurred on the 11th day of that 
month. 

One incident occurred this year in social intercourse worth 
mentioning. Mrs. Foot and I attended a party in Albany, 
given by Mr. and Mrs. Francis Bloodgood, on the 26th of 
March, and we met there and were introduced to Captain 
Franklin and his party on their way to the North. This was, 
I think, his first expedition to the northern regions of this 
continent. He, and a large party with him, as we all know, 
were lost in a subsequent expedition many years afterwards, 
and the world has been filled with accounts of expeditions in 
search of him. 

As this year opened upon me, my duties and obligations 
as a man, citizen, and Christian, pressed me more strongly 
than theretofore. I realized more fully than ever before the 
relations in which I stood to my God, my country, and my fel- 
low-men, and the duties and obligations resulting from those 
relations. The last clause of my prayer uttered and recorded 
on the first day of the year, that the end of it might find me 
" a better man — a more devoted Christian," was uttered in 
all sincerity and earnestness, and my diary shows continued 
and persevering effort during the year to waste no time — to 
spend the Sabbath aright — and live a Christian life. 

Finding early in this year, that my property, under the 
moderate investment of fifteen hundred dollars a year, had 
already amounted to considerable, and would, with a like in- 
vestment and the accumulations, before many years, reach 
quite a large sum, I considered it my duty to make a will, 
which should confer some benefit on some portion of the 
human family. Accordingly I made one on the 16th of Jan- 
uary. After making pro\dsion for Mrs. Foot during her life, 
and giving a small legacy to each of my five sisters and my 



78 AUTOBIOGRAPHY 

niece, Lucretia Booth, the daughter of my brother Ebenezer, 
I gave my jjroperty to Union College, 

"Upon the following trusts and for the following uses and 
purposes — First, That the trustees of the college invest and keep 
it invested in stock, or good securities, separate and distinct from 
the other funds of the college. Second, That the annual proceeds 
and niterest thereof be applied towards the support and education 
at that college of indigent young men, (by the words " indigent 
young men," I mean those, who have not, in a discreet use of their 
own, or parents' means, ability to educate themselves in whole or 
in part — or be educated by parents or guardians), of the age of 
sixteen years, of promising talents and good habits — Avhicli young 
men shall, from time to time, be selected and designated by the 
faculty of said college, which designation, being in writing and 
signed by the President, and delivered to the person designated, 
shall be conclusive — provided, lioioever, that in all such designa- 
tions, the lineal descendants of my said five sisters and niece, 
having the requisite qualifications and being applicants, shall be 
preferred. The said faculty shall have a right, and the same is 
hereby vested in them, to give to such young men, at the close of 
their collegiate course, as shall have made good use of my bounty, 
such sum of money as they shall deem proper — the sum thus 
given to any one young man, shall not, however, exceed one half 
of the amount, which shall have been applied under this will 
towards his support and education." 

On Monday, the 18th of April, I wrote, as usual, an ac- 
count of the manner in which I had spent the previous Sab- 
bath. It showed, that my thoughts had been unduly occupied 
with worldly topics, though I had tried, but in vain, to direct 
them to heavenly ones. At the end of this account are the 
following words — " Oh! when shall I be able to break these 
cords, which bind me so closely to the earth.? or when shall 
power be given me to do it.? Thou only, Heavenly Parent, 
knowest." 

Sunday, the 23d of October, appears to have been a 
marked day in my religious progress. On that day, for the 



AND COLLATERAL REMINISCENCES. 79 

first time, I knelt at prayer. The entry in my diary, the next 
Monday morning is as follows — 

" In the morning in my library at my house, I prayed on my 
knees for the first time in my life, having then for the first felt an 
inclination to pray in that posture. I used that posture again 
this morning, and this morning was the first time in my life, that 
I approached my devotions with positive feelings of pleasure, and 
felt an eagerness to engage in them." 

1826. 

This year was commenced with the commitment of myself 
and my earthly and spiritual interests to God, a record of 
which was made in my diary, under date of the 1st January, in 
the following words — 

" I commit myself to my Heavenly Father during the present 
year, and pray that he will preserve me and mine in healtli and 
life, advance me in the world, and extend the sphere of my use- 
fulness ; but, above all, that He will purify my heart, and adopt 
me as an heir of his spiritual and holy kingdom." 

My time this year was mainly occupied in my profession, 
social duties, classical studies and general reading. My pro- 
fession, however, was more exacting, and required a much 
larger portion of my time than it had for a year or two be- 
fore. I endeavored to devote my mornings to Latin, and my 
evenings and a portion of my afternoons to French ; but my 
profession, especially in the months of February, March and 
April, interfered materially with these studies ; and occasion- 
ally during these months, my week's work was so exhausting, 
as even to deprive me of my usual reading in the Greek Tes- 
tament on the Sabbath. Still, notwithstanding this profes- 
sional pressure, I gave some attention to public objects, wrote 
one or two articles in January for the papers to promote the 
establishment of an orphan asylum, and on the evening of the 
20th of February attended a public meeting held for that 
purpose. 



80 AUTOBIOGRAPHY 

My professional labor, efforts, and studies, during the 
months mentioned, had been so constant and severe, that at 
the end of April, my health required respite and recreation. 
My father-in-law, Mr. Fowler, having a light, pleasant car- 
riao-e which he did not use, offered it to me and his daughter. 
We accepted it, and on the 3d of May I bought a pair of 
horses. With this establishment, Mrs. Foot and I determined 
upon a tour by land from Albany to Boston, by the way of 
New York, the Sound, New Haven, Newport and Providence, 
and from Boston, across the country, through Northampton 
and Pittsfield, home. Accordingly, we left Albany for New 
York on the east side of the Hudson river, on Monday, the 
22d of May, at 3 o'clock p.m. We rode that afternoon to 
Kinderhook, where we staid over night. The next day we 
dined at Hudson, and lodged the following night at Khine- 
beck. We dined late the next day at Poughkeepsie, and staid 
the following night at Fishkill. We stopped a few^ hours the 
next morning at Peekskill and lodged at night near Dobbs 
Ferry, and reached New York the next day (Friday, the 26th 
of May) about noon. The journey was delightful. At almost 
every stopping-place we had friends and acquaintances, to 
whom we made short visits, and some of whom, as opportun- 
ity offered, visited us. James Vanderpool, afterwards an 
eminent judge, called on us at Kinderhook. My friend, Am- 
brose L. Jordan, afterw^ards attorney-general and state senator, 
called and spent some time with us at Hudson. At Hyde 
Park, I called to pay my respects to Benjamin Allen, LL.D., 
who was professor of mathematics at Union College while I 
was there, and who won my heart, and stimulated my ambi- 
tion, by a few words spoken at a recitation. He called me up 
in order to demonstrate a proposition. I went to the black- 
board, drew the figure, returned to my place, and either from 
absence of mind, or thoughtlessness, (for I always knew my 
mathematical lessons), I blundered for an instant, but soon 
gathered myself, and went through correctly, but was excited 
and somewhat mortified. The good professor, observing this, 
(he was a large, good-looking man, had a noble jiresence and 



AND COLLATERAL REMINISCENCES. 81 

dignified manners), said, in a clear, manly voice, "Foot, 
Homer sometimes nodded." At Poughkeepsie we had a 
pleasant visit of an hour with Mr. and Mrs. General James 
Talmadge, and at Sing Sing took tea with General, then 
Colonel, Aaron Ward. My diary contains full descriptions of 
the towns and country through which we passed in this jour- 
ney on the east hank of the Hudson, hut all are now (1866) 
greatly changed. If, however, any of my children should 
wish to sec how they appeared at that time, they can refer to 
my descriptions of them. 

Professional business detained me in the city several days. 
We lodged, while there, at Mrs. Mann's, in Broadway, where 
Ave met several acquaintances. Our stay in the city continued 
till the afternoon of Tuesday, the 30th of May. While there, 
several of our friends called on us and we visited a good deal. 
We spent the Sabbath by attending the South Dutch Church, 
in Garden street, in the forenoon, where we heard Dr. Mathews, 
then in the zenith of his ministerial career, and St. John's 
Church, with my friend James Smith, in the afternoon. We 
went to the opera on Saturday evening. It was the first one 
I ever attended. My children will see what I thought of it, 
at this, my first acquaintance. My entry is in these words — 
" The opera is a foolish kind of entertainment. Conversation 
in music, however good, is unnatural. The composer can dis- 
play talent by suiting his music to the thought and action." 

The afternoon we left New York, M^e rode to East Chester, 
to the residence of Mr. Philemon H. Fowler, an uncle of Mrs. 
Foot, where we staid over night, and left the next morning 
after breakfast. We kept along the Sound to New Haven, 
dined at Sawpit, lodged at Saugatuck, and arrived at New 
Haven the next day (Thursday) about 1 o'clock p.m. This 
ride from East Chester to New Haven was delightful. The 
Sound was in sight most of the way. We passed through a 
' series of beautiful towns — Eye, Stamford, Norwalk, Sauga- 
tuck, Green Farms, Fairfield, Bridgeport, Stratford and Mil- 
ford. The road was good, the land generally well cultivated, 
and the views charming. 
6 



82 AUTOBIOGRAPHY 

We remained at New Haven till 4 o'clock p.m., the next 
clay, when we left for Middletown. We had some friends at 
New Haven whom we hoped to see, particularly Professor 
Silliman, but he was not at home. We found my relative 
there, Samuel A. Foot, of Cheshire. ■•' The legislature were in 
session, and he was the speaker of the lower house, and Sen- 
ator elect to Congress. He called to see me, and he and I 
had a pleasant chat together. 

Mrs. Foot and I walked and rode all over New Haven, 
then, as now (1867), a beautiful town. We did not reach 
Middletown till after 8 o'clock p.m. The ride from New Haven 
there presented nothing of interest. We passed through only 
a couple of towns, Northford and Durham, The latter was 
on high ground and pleasantly situated. We left Middletown 
after breakfast, and after looking at the seminary, and riding 
through the principal streets. It is a handsome place. We 
then went to Haddam to dinner. From Haddam we rode on 
the bank of the Connecticut river to Essex, where we crossed 
it and went to Lyme, which we reached on Saturday evening, 
and where we passed the Sabbath. The ride from Haddam 
was delightful. The river was in sight all the way, and the 
views beautiful. I attended church in the forenoon. We 
found Lyme a retired, pleasant town. We left it on Monday 
morning after breakfast, and went to New London, and from 
there to Charlestown, in Ehode Island, where we staid over 
night. We took the road nearest to the ocean, which was in 
sight most of the day. The next day, we rode from Charles- 
town to Newport. We reached the ferry opposite the latter 
place at noon. We crossed Narragansett bay by two ferries. 
One from the mainland to Cononicut island, across which we 
rode, and the other from that island to Newport. The coun- 
try through which we passed from Lyme to the ferry was 
stony and sterile, and in the state of Ehode Island, destitute 
of timber. Newport was then a very different place from 
what it is now (1867). I described it as follows — 

* His middle name is Augustus, while mine is Alfred. 



AND COLLATERAL REAnNISCENCES. 83 

" Soon after our arrival we took a long walk through the town 
and went into the cupola of the court-house. We there had a 
full and clear -sdew of the harbor. It is spacious and beautiful. 
The town appears like a deserted village, or rather one which soon 
will be deserted. Almost all the buildings are of wood. The vil- 
lage appears to have grown up suddenly, and all the buildings 
temporary. Business has left the place." 

We left Newport Wednesday forenoon, and rode to the 
upper end of the island of Kliode Island. This ride was 
beautiful. The bay was in sight all the way, the road good, 
and the land highly cultivated. We stopped awhile and 
fished, and then crossed on the ferry to Bristol, where we 
dined. Bristol was then a handsome town. In the afternoon, 
we rode to Providence, where we lodged. The next morning, 
we rode over the city, looked at the College for Friends, 
Brown's University with its two colleges, Brown Hall and 
Hope College, and several other objects of interest, and then 
proceeded to Dedham, where v/e staid over night, and the next 
morning rode to Boston. We spent five days in that city 
delightfully. Our friend and traveling companion in 1824, 
Josiah Quincy, Jr., devoted almost his whole time to us. His 
father, and his father's family were very kind and attentive 
to us. We visited them and they visited us often. My friend 
Harmanus Bleecker, of Albany, gave me a letter to Mr. 
Nathan Appleton, of Boston, v/liich I presented. He and his 
brother William and their families were also attentive to us. 
We attended a small i^arty at Mr, N. ApjDleton's, and met 
there several interesting gentlemen and ladies. Our friends 
gave us several rides in the environs of Boston, which were 
beautiful. On these rides we visited Camliridgc, looked over 
the College, were introduced to Professors FaiTar and Webster, 
looked at the library, the mineralogical specimens, viewed 
the botanical garden, and Bunker and Breed's hills. 

On Tuesday morning, the 13th of June, Mr. Quincy and 
I went to the town of Quincy and paid our respects to ex- 
President John Adams. He appeared in good health and in 
possession of all his mental faculties. He received us cordial- 



84 AUTOBIOGEAPHT 

ly, conversed pleasantly, spoke of his advanced age, and re- 
peated paragraph after paragraph from Cicero's De Senectuter' 
This visit was the crowning gratification of my journey to 
Boston. After om- return from Quincy, Mrs. Foot and I 
called and took leave of the elder Quincy and his family, and 
left Boston at 4 o'clock p.m. We rode to Farmington, where 
we staid over night. The next forenoon we passed through 
the beautiful town of Worcester, and dined at Leicester. 
From there we rode in the afternoon to Ware Village, where 
we lodged, passing through the towns of Spencer, East and 
West Brookfield. The next day (Thursday) we drove in the 
forenoon to Hadley, and sj^ent the afternoon in a ride and 
walk to Mount Holyoke and crossing the river to Northamp- 
ton, where we staid for the night. We left Northampton 
early the next morning, dined at Worthington, reached Pitts- 
field at night, and lodged there. We started early the next 
morning (Saturday, June 18th), took the road which carried 
us by the Shaker village, where we made a short stop. We 
arrived at home at 2 o'clock p.m. 

My diary contains brief notices of the towns and country 
through which we passed in this journey from Boston. My 
account of our tour closes with the remark, that we reached 
home " in health and safety, for which I thank my Heavenly 
Father, who is always kind and merciful." 

Refreshed and invigorated by this tour, I resumed my pro- 
fession and studies with earnestness, but was considerably 
interrupted in the latter part of June and fore part of July 
by more than usual attention to social duties. We had a 
succession of visits from relatives and friends, who lodged 
with us. Our house was filled for weeks. 

Mrs. Foot had never enjoyed perfect health since the birth 
of our child. In the hope that the chalybeate waters of 
Ballston Spa would be of service to her, I accompanied her 
and her sister there on Saturday, the 15th of July, and took 
rooms for them at the Sans Souci. They remained there till 

* He died on tlie 4tli of July following. 



AND COLLATERAL REMINISCENCES. 85 

the 21st of August following. I went up generally on Satur- 
day and returned early on Monday morning. We usually at- 
tended church at Ballston Centre. 

The Court for the Correction of Errors held a session this 
year in the month of September in the city of New York. I 
attended it there from the 8th to the 20th of that month. 
Mrs. Foot was with me most of the time. We had our usual 
social enjoyments while in the city in visiting and receiving 
visits from our friends. 

After my return from the city, I was able to pay more at- 
tention to French than for some time past. Towards the 
close of the previous year, I had subscribed for a French 
periodical called the " Revue Encyclopedique," published 
monthly at Paris, and which I read with interest. In the 
number for May was an article relating to a canal project in 
this country, which I translated, and sent the translation to 
the Albany Daily Advertiser for publication, preceding it by 
a fxvorable notice of the Review which I wrote and signed 
A. B. The notice and translation were published on the 4tli 
of October, and is No. 6 of " Papers Written by me." 

Professional engagements took me again to New York. I 
spent the first five days of November there, and nearly all my 
time was occupied in business at the City Hall. While read- 
ing this month my French periodical, I met in the July num- 
ber with a complimentary notice of a letter wiitten by Alex- 
der Johnson, Chief Justice of the island of Ceylon, dated 
London, 26 May, 1825, giving an account of the introduction 
of the trial by jury into that English colony, and which hav- 
ing been translated into French, was published in full in that 
number of the Revue. I translated the letter and the notice 
of it into English, and handed the translation to my neighbor 
and friend, Solomon Southwick, then the editor of the Na- 
tional Observer, for publication, and with it, a short article, 
which I wrote, and signed A. B., to precede the translation. 
They were published in the Observer early in December. The 
article and translation are No. 7 of " Papers Written by me." 
In December, 1827, I met with the letter of Chief Justice 



QQ AUTOBIOGRAPHY ■ 

Johnson in the first number of the Jurist, published in Lon- 
don, March 1827. On comparing it with my translation, I 
was surprised to see, how little change it had suffered in two 
translations. 

On the 4th of December of this year (1826), I made the 
following entry in my diary — 

" My habit of sleeping six hours is so well established that no 
effort is necessary to limit my sleep to that time. I shall not here- 
after make a memorandum of the time spent in sleeping, unless 
I vary from my usual time." * * * j have not for a long 
time mentioned how I have spent my time before breakfast. I 
do not know how I have fallen into this omission. To let me see 
in old age, if I am spared to that time (as by the goodness of God 
I am), that since I determined on an amendment of life, I have 
kept my promise to myseff, I now state, that for at least a year 
while at home, my mornings have been passed generally in writing 
my diary, devotions, and reading Latin. Hereafter I shall men- 
tion the morning as part of the day and note the manner of 
spending it." 

Having an important ejectment cause to try at the Otsego 
Circuit, and my friend, Mr. Moss Kent, having spent the early 
years of his manhood, and having several intimate friends at 
Cooperstown, the shire town of that county, we left Albany in 
my carriage on Friday afternoon the 15th of December for that 
jilace, and spent the following w^eek there. Mr. Kent passed 
his time with his friends, and I mine mainly in court. Yet I 
found time to read a second time Cooper's Pioneers, at this, 
the scene of his story, and to visit on several evenings, and 
dine with Mr. Kent's friends. I made several interesting ac- 
quaintances, and spent the week agreeably. My diary con- 
tains names and details. Mr. Kent, as usual, was instructive 
and entertaining. 

This is the last incident of my year, 1826, to be mentioned. 



Aj^d collateral reminiscences. 87 

1827. 

This year was commenced under the influence of feelings, 
which are shown by the following entry in my diary — " This 
day begins the new year, and I thank my God for his manifold 
mercies dm'ing that which has passed. The possessions of 
this world are emphatically vanities. I felt it to be so yester- 
day, when I rode to church for the first time in my life in my 
own sleigh."* 

I continued this year to devote my time to my profession, 
classical studies, general reading and social duties. Politics, 
however, occupied more of my time and thoughts than there- 
tofore. A violent opposition, which I regarded as unjust, was 
raised against the administration of John Quincy Adams by 
the open and covert supporters of General Jackson. The 
party in this state, which began with the name of " Buck- 
tail," now (January, 1827) assumed the name and claimed to 
be the Democratic Republican party. Martin Van Buren had 
been active and efficient in creating it, and was acknowledged 
to be the leader of it. Although neither he, nor the Repub- 
lican party had openly taken ground in favor of General Jack- 
son as the next President, yet it was known by those ac- 
quainted with the political undercurrents of the state, that 
Mr. Van Buren and his friends intended, when they thought 
the politic time had arrived, to come out openly against Mr. 
Adams, and in f ivor of General Jackson. Mr. Clinton, and 
sucli of his friends as he could carry with him, had already 
indicated their intention to su})port General Jackson. There 
were, however, in the Republican party, many friends of Mr. 
Adams and his administration, yet they were a minority, and 
in a Republican caucus to nominate a Senator to Congress in 
the place of Mr. Van Buren, whose term expired on the 4tli 
of March then next, would not be able to defeat Mr. Van 
Buren, who was a candidate for re-election. General Stephen 
Van Rensselaer was nominated by the avowed friends of Mr. 

* I hnd purcliased a good sleigh at tlie beginning of this winter. 



83 AUTOBIOGRAPHY 

Adams. Long before tliis (January, 1827), my intention not 
to go with Mr. Clinton into the Jackson ranks, had been 
openly avowed ; so, too, my disapproval and opposition to 
Mr. Van Buren's political programme and methods of party 
management were well known. Under these circumstances I 
could do little or nothing openly to defeat his re-election to 
the Senate of the United States. It occurred to me, however, 
that I might, as one of their number, present considerationa 
to the minds of those Kepublicans, who wished well to Mr. 
Adams and his administration, which would induce them to 
oppose Mr. Van Buren's re-election. Under these circum- 
stances and with these views, I wrote in the latter part of 
January and caused to be printed confidentially, the pamphlet 
which is No. 8 of " Papers Written by me." A copy was 
laid on the desk of each member of the legislature a few days 
before the election of a Senator to Congress, which occurred 
on the 6th of February. It created quite a sensation, and 
seriously alarmed Mr, Van Buren and his supporters. Great 
efforts were made to find out the author, and the ofl&ce where 
it was printed, but without success ; for I had designedly em- 
ployed an obscure printer, who faithfully kept my secret. 

I mention this incident, not to commend it as worthy of 
imitation, but to show my children how I wrote, and how por- 
tions of my time were employed. The motive was a good 
one, and the object meritorious. 

My profession again this year, during the months of Jan- 
uary, February, March and April, required almost all my time, 
and to such an extent, as to interfere considerably with my 
Latin in the morning, and especially my French in the after- 
noon and evening. Feeling again the need of recreation, Mrs. 
Foot and I determined to sjjend a couple of weeks in a ride 
and visit to my relatives in Connecticut. We left Albany 
with our own carriage arid horses, on Friday morning the 20th 
of April, rode that day to Sheffield, Mass., and the next day 
to Watertown, Conn., to the old homestead then owned and 
occupied by my brother and sister Scovill. After spending a 
week with them, resting, lounging, walking over the old farm. 



AND COLLATEEAL REMmiSCENOES. 89 

riding on horseback, visiting and receiving visits, we took my 
sister Scovill with ns, and sjjent a few days in a ride to Water- 
bury, Middletown, Hartford, Farmington and back to Water- 
town. We passed a couple of days more there, then came 
home, where we arrived on the 3d of May. We had a pleas- 
ant journey and visit. I came back, and resumed my usual 
occupations with renewed energy. 

Performing devotions and writing my diary in the morning 
before breakfast became a settled duty and practice with me. 
After mentioning this fact in my diary, under the date of the 
8th of May, I made the following entry — " It will, therefore, 
be unnecessary to mention those two things, as they may be 
considered as done every morning, unless the contrary is 
stated." To the discharge of these two duties in the morn- 
ing, I have steadily adhered from that day to the present (3d 
of April, 1867), and shall adhere to them, as long as a gracious 
God will enable me to do so. Many years since I commenced 
reading a portion of Scripture in the morning, and have read 
Scott's Bible through with all his " Notes " and " Practical 
Observations,"' and am now (April, 1867) reading Henry's 
Exposition and am nearly through the second volume. It is 
my intention to continue this reading as long as life lasts. 

In the month of May, an atrocious murder was committed 
in Albany upon a gentleman by the name of Whipple, by a 
hired man in the family by the name of Strang, through the 
instigation and jjrocurement of the Avife of Whipple. 

Mrs. Whipple and Strang were indicted for the murder. 
I was employed by the Board of Supervisors of Albany Coun- 
ty to aid the District Attorney in conducting the trials. They 
excited great interest, as Mr. Whipple was a respectable man, 
and his wife connected with some of the most estimable and 
respectable families of Albany. 

Strang was tried first. His trial was commenced on the 
25th of July, and terminated in his conviction on the 27th. 
He confessed his crime, and the only serious question in his 
case was, whether his confession was admissible in evidence. 
He was defended by Thomas J. Oakley, of Poughkeepsie, one 



90 AUTOBIOGRAPHY 

of the aMest lawyers in this state. He objected to the testi- 
mony oiFered of Strang's confession, and argued the question 
with great ability and learning. I answered him. The trial 
was published in pamphlet form. My argument in answer as 
given in that pamphlet is No. 9 of " Papers Written by me." 
My argument prevailed, and the court admitted the testimony. 

The trial of Mrs. Whipple was commenced on the 30th of 
July, and resulted in her acquittal on the 2d of August. She 
was defended by Abraham Van Vechten, of Albany, and 
Elisha Williams, of Hudson, two highly distinguished mem- 
bers of our bar. There was only one important question in 
her case — that arose on the admissibility of Strang as a witness 
for the prosecution. This question was fully argued on both 
sides, but the arguments have not been preserved. The court 
decided against the admissibility of Strang. Mrs. Whipple 
had so adroitly managed her agency in the crime, that with- 
out Strang's testimony there was not evidence sufficient to 
convict her. 

The excitement and responsibility, connected with these 
two trials, determined me never again to take a part in a trial 
involving life and death ; and I never have. 

Professional engagements in the Supreme Court took me 
to Utica to attend the August term of that court. I arrived 
there on tlie evening of the 4th and remained till the 18th of 
that month. My time in court was usefully and profitably 
employed, and out of court pleasantly spent in social inter- 
course as theretofore at Utica. Mrs. Foot joined me on the 
16th and on the 18th we left Utica for Black Lake and Og- 
densburgh to visit my sisters Davies and York. We went by 
stage, stopped at Rossie at the head of Black Lake, took a 
canoe, and were rowed down the lake to the residence of my 
brother and sister Davies, The passage down the lake was 
delightful. We spent a week very agreeably with our rela- 
tives at the Lake and Ogdensburgh, We arrived at home on 
Tuesday the 28th of August. 

Having attained about all, professionally and socially, 
which lay within the lines of my personal horizon at Albany, 



AND COLLATERAL REMINISCENCES. 9I 

my thouglits began to range round for other and wider fields 
of effort, and my restless and unsatisfied spirit to long for new 
objects of pursuit. On the 28tli of September, for the first 
time, my removal to the city of New York was the subject of 
conversation between Mrs. Foot, my nephew and partner, Mr. 
Jjdwards, and myself The next day, Mrs. Foot and I talked 
of a voyage to Europe the coming spring, spending a year or 
two there, then returning and settling in New York. 

On Monday, the 1st of October we went down to West 
Point to visit my nephew. Professor Charles Davies, his wife, 
her parents. Colonel and Mrs. Mansfield, and other acquain- 
tances. We spent a couple of days there very pleasantly. 
On this occasion I became acquainted with General Winfield 
Scott. We played several games of chess together. As we 
often met afterwards, played chess together a great deal, and 
spent a large amount of time in each other's society, I will 
mention this commencement of our acquaintance. 

From West Point, Mrs. Foot and I went to New York. 
We spent only a day there. My object \n going was to see 
some friends respecting a removal to the city. We came home 
in a day-boat. The passage up the river was delightful. The 
day was pleasant, the autumnal foliage and scenery magnifi- 
cent. We met also several agreeable acquaintances on board. 
The day after our return, Mrs. Foot and I renewed the subject 
of a tour to Europe, and about concluded to make it in com- 
pany with our friend, Mr. Moss Kent, who had kindly pro- 
posed to join us in it. 

As time passed, the political contest between Greneral Jack- 
son and his supporters on the one side, and Mr. Adams 
and his supporters, among whom Mr. Clay was pre-eminent, 
on the other, increased in earnestness. Towards the close 
of October, the supporters of Mr. Adams determined to 
hold a public meeting at Albany to sustain his administra- 
tion, promote his re-election, and declare the principles by 
which they were governed. This meeting w^as held at the 
capitol on the evening of the 30th of October, and a series of 
resolutions adopted. Most of these resolutions were drawn by 



92 AUTOBIOGRAPHY 

me, the others by Mr. Jabez D. Hammond. They were per- 
fected by us together. I took an active part in getting up 
the meeting, and making arrangements for holding it. 

Another measure was undertaken by the supporters of Mr. 
Adams and friends of Mr. Clay in the following month of 
November and continued into December, and that was to es- 
tablish at Albany an able paper to advocate and sustain their 
principles. In this I also took an active part, and to promote 
it had an extensive correspondence with friends in different 
parts of the state. 

The subject of a protective tariff engaged public attention 
this year. As the time for the meeting of Congress (first 
Monday of December) drew near, increased interest was felt 
in this measure. Mr. Clay was a leading advocate of it. I 
took a deep interest in it, had frequent conversations respect- 
ing it with prominent manufacturers, who were my clients and 
friends, cons23icuous among whom were Benjamin Knower, 
Elisha Dorr and Mr. Fowler, my father-in-law. 

Another matter also engaged my attention early in Decem- 
ber, and that was the appointment of my friend David C. 
Judson collector of the port of Oswegatchie. I wrote a num- 
ber of letters to members of Congress and others to accom- 
plish it. 

An important suit, which I was conducting for some gen- 
tlemen in Albany (one of whom, by the by, was one of those 
who imprisoned me in 1814), was to be argued before the Su- 
premo Court of the United States at Washington, in January 
then next. My clients, especially the one just alluded to, 
wished me to go to Washington and argue it. 

Having in view the project of removing to New York, Mrs. 
Foot and I left home, on our way to Washington, on the 13th 
of December, intending to stop in New York, j)ass some time 
there, and come to a conclusion in regard to our removal to 
that city. We took lodgings at the American hotel. In my 
diary of the 18th of December is this entry — " Yesterday 
forenoon I formed a final resolution to remove to this city. I 
commit myself to my Heavenly Father and invoke his bless- 



AND COLLATERAL REMINISCENCES. 93 

ing on my undertaking." This resolution was formed on my 
birthday, the day on which I became thirty-seven years of 
age. It carried with it a postponement of our contemplated 
tour to Europe the next spring. 

The idea had been suggested at Albany in my intercourse 
with my friend, Moss Kent, that if I removed to New York, 
it would be pleasant to us all, for me to form a partnership 
with his nephew and my former clerk, William Kent. Ac- 
cordingly, as soon as my resolution was formed to remove to 
the city, and on the evening of the same day, I had a conver- 
sation Avith Chancellor Kent in reference to a connection in 
business with his son. The next day, I submitted to William 
proposals in writing for a partnership, to commence on the 1st 
day of May then next, and addressed to him the following 
note, which I insert, that my children may see my mode of 
accomplishing objects. 

"My Dear Sir — 

'• Your father has probably informed you of the conversation 
I had with him last evening, and particularly of my determination 
to remove to this city in the Spring. Having resolved after long 
debate, I must now be prompt in execution, and have consequently 
sent directions to Mr. Edwards for a sale of my real property in 
Albany. It will fetch now a good price. Enclosed is my proposal 
to you, which you may entirely reject, or offer to modify without 
creating any unkindness on my part. Please to give me as early 
an answer as convenient, for I wish to settle on my partner before 
I go on to "Washington. I should have been to your ofi&ce before 
this, had not the weather been so terril^le. I am going to try to 
read some to-day, which I have not been able to do these several 
days, on account of the excitement produced by deeply consider- 
ing the enterprise which is now resolved on. 

"Yours truly, 

'•' Sam'l a. Foot." 
«K Y., December 18, 1827." 

My proposals were regarded by William as liberal and 
were accepted. 

Mrs. Foot and I remained in New York till the 26th of 
December. We spent our time most agreeably. Our friends 



94 AUTOBIOGRAPHY 

were kind and attentive. Our social advantages and enjoy- 
ments were all we could desire. 

We left New York for Washington on the 26th of Decem- 
ber, at 12 M., in company with Smith Thompson, an associate 
Justice of the Supreme Court of the United States, and his 
lady, Mrs. ThomjDson. Judge Thompson had been a kind 
friend to me from the commencement of my profession. We 
accompanied him and Mrs. Thompson, on their invitation. 
We left New York in a steamboat, which took us to New 
Brunswick ; there we took carriages, and rode to Trenton, 
where we staid over night. The next morning, after a car- 
riage-ride of seven miles, we took a steamboat for Philadelphia, 
where we arrived at 10 o'clock a.m. We took a parlor to- 
gether at the United States Hotel. This journey was very 
pleasant. 

Judge and Mrs. Thompson remained with us in Philadel- 
phia a couple of days, when they left for Washington, This 
being Mrs. Foot's and my first visit to Philadelphia, and 
having several agreeable acquaintances there, especially Mr. 
Eobert Kalston, the father of Mrs, Chester, the wife of the 
Eev, John Chester, our pastor in Albany, and his family, we 
concluded to remain a few days longer. We staid till the 2d 
of January, when we continued our journey to Washington. 
We were very kindly treated while in Philadelphia, and spent 
our time most agreeably. Besides the enjoyment of refined 
associations, we visited all the objects of interest in and around 
Philadelphia. My diary contains full particulars of every- 
thing. 

My closing remark at the end. of the year is as follows : 

" Thus ends the year. I have eff'ected but little, and live 
in hopes that I shall be more useful the next." 

1828. 

At the commencement of 'this year, Mrs. Foot and I were 
in Philadelphia, drawing to a close a most agreeable visit 
to that city. It appears from my diary, that I was oc- 



AND COLLATERAL EEMINISCENCES. 95 

cupying my spare time in reading Scott's "Life of Napo- 
leon," and his " Chronicles of Canongate." On Wednesday, 
the 2d of January, we left Philadelphia for Washington. To 
show the difference between the way and time of getting to 
Washington then and now (1867), I will state, that we took a 
steamboat at Philadelphia at 11 o'clock a.m., which carried us 
to New Castle at 3 o'clock p.m. There we took a stage over to 
Frenchtown, where we again took a steamboat, which carried 
us to Baltimore at 3 o'clock a.m. the next morning. From the 
boat we went to Barnum's hotel, where we staid a couple of 
days for the purpose of taking a look at the city ; but the 
weather was too bad, and I had such a bad cold, that we re- 
mained all the time at the hotel, except an hour or two passed 
with Mr. H. Niles, the projector and publisher of " Niles' 
Register." 

Before leaving Albany, I engaged to write to Mr. Doit 
and Mr. Knower if any thing of interest in regard to tlie tariff 
fell under my observation. In my interview with Mr. Niles, 
I did learn some things of deep interest on that great question, 
and wrote to Mr. Dorr a letter a copy of which is No. 10 of 
" Papers Written by me." 

We took rooms at Gadsby's hotel in Washington. This 
was our first visit to that city, and we went there under very 
favorable circumstances for passing our time nsefully and 
pleasantly. I had a respectable errand, viz : the argument of 
an important cause in the Supreme Court of the United 
States. Mrs. Foot became acquainted with Mrs. Adams, the 
lady of the President, at Ballston Spa in the summer of 1826, 
and received from her a cordial invitation to visit her, if she 
ever came to Washington. Judge and Mrs. Thompson, our 
friends, were there, and wished to make this our first visit to 
the capital of our country pleasant to us. General Stephen 
Van Rensselaer was our Representative in Congress from 
Albany County, and Mrs. Van Rensselaer and their daughter 
were with him. I was, politically, a supporter of Mr. Adams 
and his administration. Mr. Jabez D. Hammond of Albany, 
a prominent politician, supporter and friend of Henry Clay, 



96 AUTOBIOGRAPHY 

then Secretary of State, gave me a warm letter of introduction 
to him, I had also some other letters of introduction to gen- 
tlemen who held high positions, socially and politically, at 
Washington. Our Senators in Congress were our then late 
Chancellor, Nathan Sanford, and Martin Van Buren, with 
each of whom we were well acquainted, and with the former 
and his family on terms of intimacy. Several Eepresentatives 
in Congress from our state were my friends, prominent among 
them was Henry E. Storrs of Oneida County, and Colonel 
Aaron Ward of Westchester County. My friend, Hermanns 
Bleecker of Alhany, was at Washington, the same time we 
were. He had been some years before a Representative in 
Congress and was favorably known at Washington, 

Under these circumstances, our visit to Washington was 
just as pleasant and instructive as it could be. We remained 
there till Monday the 21st of January, just two weeks and two 
days, I was admitted to the Bar of the Supreme Court of the 
United States, and argued my cause in that court, with Mr, 
Wirt, then Attorney General of the United States, for an op- 
ponent. The case, Dox et al. vs. the Postmaster General, is 
reported in 1st Pet. R. 318. 

Judge Thompson introduced me to Chief Justice Marshall, 
and the Associate Justices of the court ; upon each of whom 
I called, and received their cards in return. Chief Justice 
Marshall's card was in his own autograph, and I have pre- 
served it with a likeness I have of him. Besides the profound 
respect entertained for his great learning, powerful and logical 
mind, and his wonderfully wise and sound development of the 
constitutional principles of our government, I feel an affection- 
ate and grateful remembrance of his kiridness to me. Al- 
though accustomed to speak in judicial forums, yet when I 
rose to commence my argument before that august tribunal, 
with such an antagonist as William Wirt, I could not but 
feel abashed, and my utterance indicated it. The Chief 
Justice observing it, took up his pen, leaned forward as 
if he wished to hear every word, expected to be greatly in- 
structed, and desired to take a note of every thought. Thus 



AXD COLLATERAL REMINISCENCES. 97 

encouraged and assured, my feelings were soon calmed, and 
my argument was delivered without further embarrassment. 

Most of our time at Washington was occupied in receiving 
and paying visits, and attending evening and dinner parties. 
We dined at the White House with the President and Mrs. 
Adams, and met there a distinguished party, among them 
several members of the Cabinet and their ladies. We were 
at the President's several times and always received most 
kindly. Through the kindness of our friend, Mr. Bleecker, 
we became early acquainted with Le Chevalier Huygens, the 
Minister from Holland, and his family. We attended an even- 
ing and dinner party given by them. Their dinner party was 
one of the pleasantest we attended at Washington. I had 
several interviews with Mr. Clay. We were invited to dine 
with him and Mrs. Clay, but a previous engagement prevented 
us. 

A full account of the civilities we received — of the distin- 
guished gentlemen and ladies we met — of our visits to the 
Capitol — the debates to which we listened — the churches we 
attended — the preachers we heard — and the objects of interest 
we viewed, would make a small volume. If my children desire 
to read a fuller account than the one given above, they will 
find it in my diary. 

On our return we stoj)ped a day at Baltimore to view 
Washington's monument, which we ascended, the Roman 
Catholic cathedral, the painting in it, and other objects of 
interest in the Monumental City. We reached New York by 
the same modes of conveyance we were carried from there ; 
but from New York to Albany we traveled by land, in a stage 
coach. We amved in Albany on the 27th of January. 

The concluding entry in my diary refers to this winter 
journey in a stage coach and is as follows : " Nothing extra- 
ordinary occurred on the road, unless it be the safety and 
comfort w^ith which we made so long a journey by land, in the 
winter, for which I return thanks to the Ruler and Governor 
of all things." 

On reaching home I re-commenced my usual duties. Al- 



98 AUTOBIOGRAPHY 

thougli my profession required nearly or quite all my time, 
especially in the months of February, March, and April, yet I 
could not forbear feeling a deep interest, and taking an active 
part in the political contest then going on in the country. My 
visit to Washington had enabled me to become personally ac- 
quainted with Mr. Adams and Mr. Clay. My acquaintance 
with them enhanced my estimate of the character of each. 
They appeared to be, what I believe they truly were, earnest 
patriots, striving to promote the best interests of the country. 
This beliefincreased my interest in the contest and stimulated 
me to action in their support. A few days after my return 
from Washington, I wrote a letter to Mr. Clay, giving him an 
account of political affairs in this state, which he promptly 
answered. These letters, mine particularly, were not then 
suitable for the public eye, but the persons named have all 
long since gone to their rest, and there can be no objection 
now (1867) to their publication. As they give a true account 
of political parties at that time, and show the movements of 
parties and politicians in regard to the tariff passed on the 
19th of May, 1828, which caused the nullification movement 
in South Carolina in 1832, I will give them in a note to this 
page.* 

*AiBANT, January 39, 1828. 

Hon. Henky Clay. 

Dear Sik : — Mrs. Foot and I arrived in this city on Sunday evening 
last, after as pleasant a journey from Washington as could have been ex- 
pected at this season of the year. I have seen many of our political 
friends, and of course received full accounts from them of the present 
state of things. Presuming that it would be gratifying to you to receive 
it as given to me, I have taken the liberty to trouble you with a letter. 
Our new paper is going rapidly into circulation, more so than its most 
zealous supporters anticipated. It has been regularly transmitted to 
you as I am informed. You are consequently able to judge of its useful- 
ness and merits. What has cheered me most is to hear our judicious and 
most intelligent friends express a confident opinion that, the Jackson party 
cannot obtain from the Legislature a nomination of President and Vice- 
President. They moreover confidently assert that so much distrust pre- 
vails between the friends of Mr. Clinton and Mr. Van Buren, each fearing 



AND COLLATERAL REMINISCENCES. 99 

At the meeting held in Albany on the 30th of October, 
1827, which I have already mentioned, a committee was ap- 

that the other will obtain the lead, that they can agree uj^on and carry 
nothing. This may appear very strange to a person unacquainted with 
our politics, but does not surprise me who am well acquainted Avith the 
bitter animosity existing between most of the partisans of those gentle- 
men. You will remember I mentioned to you a gentleman by the name 
of Benjamin Knower of this city, the father-in-law of our Comptroller 
Mr. Marcy, and stated that he was an extensive manufacturer and agricul- 
turist, and that without his aid Mr. Van Buren could not maintain him- 
self in this state six months. Among the earliest things I heard on my 
return was Mr. Knower's dissatisfaction at the course pursued by the 
friends of General Jackson at Washington relative to the tariff. Being 
on friendly terms with him I called to see him last evening, and it gives 
me pleasure to inform you that,-lie gave me distinctly to understand that 
if the friends of Jackson in Congress from this state, Pennsylvania, and 
Kentucky did not give the nation a tariff, he with his friends (and he 
named among them several of Mr. Van Buren's most efficient assistants) 
would not give the General their support, and w^ould break up the system 
by which it is intended to fasten him on their party. He further in- 
formed me that Mr. Van Buren wrote him on the 15th inst. insisting, that 
the friends of Jackson in Congress from the states mentioned were exert- 
ing themselves to obtain a fair tariff ; that the statements to the contrary 
were factious clamours, and that he, Mr. Knower, might rely on it, that if 
a tariff was not given this session to the nation, it would not be the fault 
of the friends of Jackson. As you know what Mr. Van Buren and his 
associates are really doing in this respect at Washington, you can form 
some idea of Avhat is called " tact" in politics by some people. Besides 
all this, our friends are animated and encouraged much beyond what I 
expected to find them, and you know my expectations were not of the 
most moderate kind. You will perceive that a part of this letter is con- 
fidential, and of course take care that it is not used to my injury. 
JVIrs. Foot joins me in kind greetings to you and Mrs. Clay. 
I am, Dear Sir, your friend and servant, 

Sam'l a. Foot. 



Washington, 2d Febraary 182S. 

Dear Sm: 

I was happy to learn by your favor of the 29th inst., that Mrs. Foot 
and yourself had reached Albany in safety. You were fortunate, in 
respect to your journey, to have gotten off when you did. 

The account you give of political affairs at Albany is very gratifying. 



100 AUTOBIOGRAPHY 

pointed to j)TOmote the objects of it, of which I was a member. 
It appears from my diaiy, and my corresijondence of that 
period, that I was active and earnest in my efforts to secure 
the re-election of Mr. Adams. My corres]3ondence on that 
subject with our members of Congress, and prominent gentle- 
men, principally of the Bar, in different parts of the state, Avas 
quite extensive, and must have occupied considerable of my 
time. 

The object of a protective tariff was not only agitated in 
Congress, but absorbed public attention in the winter and 
spring of this year. A committeCj of which I was a member, 

Political prospects, all around, have opened brighter with the new year ; 
and, I assure you, we are much cheered with them here. They ought, 
however, to animate us to fresh, instead of occasioning any relaxation in, 
patriotic exertion. 

A bill has been at last reported on the subject of the tariff. It has 
been probably framed under an expectation that it would be defeated, 
in consequence of the number of objects which it embraces, and 
that the Jackson party would be able to attribute its defeat to the 
friends of the administration. In that design I hojje they will be disap- 
pointed. The Southern poUticictns in Congress would j^refer the passage 
of any tariff bill, however extravagant, to the defeat of their Presidential 
candidate ; and would therefore, if they could with safety to themselves 
at home, allow the proposed bill to be enacted, without any very strenu- 
ous opposition. But such is the excitement there, that they will feel 
bound to make the most vehement resistance to the measure ; and I do 
not see how it is possible for the Jackson party not to divide on that 
question. 

I have seen your new paper, which is regularly sent to me. It ap- 
pears to be well conducted. Are the friends of the administration organ- 
izing themselves ? They should constantly bear in mind the necessity of 
co-operation for success at home, and demonstration for effect abroad as 
well as within your state. My fears for the issue to New York of the 
contest will not be entirely quieted until I hear that, the system which 
j)revails on the other side is met by a well-arranged system of concert on 
ours. 

Be pleased to offer my best respects and those of Mrs. Clay to Mrs. 

Foot, and communicate mine also to Mr. Hammond. 

Yours, with great regard, 

H. Clay. 
S. A. Foot, Esq. 



AND COLLATERAL REMINISCENCES. IQl 

was raised in Albany early in February to promote it. Not- 
withstanding my numerous professional engagements, my feel- 
ings were so thoroughly enlisted in establishing what was then 
generally called, the "American system," that I devoted some 
portion of my time to it. On the 14th of March, I wrote a 
short article on the subject, which was published in the 
"Albany Morning Chronicle," and in No. 11 of " Papers Writ- 
ten by me ; " again, two days afterwards, I wrote a longer 
article on the same subject, which was published in the Chron- 
icle on the 17th of March. It is No. 12 of " Papers Written 
by me." 

During this year, opposition to Freemasonry assumed an 
important position in the politics of this state. It arose from 
the deliberate commission of a great crime by persons holding 
respectable and influential positions in society, and the obsta- 
cles, which the secret oaths of Freemasons created, in the ad- 
ministration of justice, and especially in the detection and 
punishment of the persons engaged in committing the great 
crime mentioned. At length there came to be not only in this 
state, but in several other states of the Union, a political 
j)arty, whose only platform was anti-Masonry, and whose ob- 
ject was, the desti-uction of Masonry, and as a means to that 
end, the exclusion of all Masons from office. Believing that 
the shocking oaths, which the members of the Masonic fra- 
teruity took, on entering it, were subversive of good order, im- 
pediments in administering justice and enforcing execution of 
the laws, and also encouraged and even enjoined the commission 
of murder, I became an anti -Mason, and did what I could to 
23ut an end to Masonry in this country. 

There was another matter which interested me, occupied 
my thoughts and some of my time in the month of April, and 
that was, the promotion of my friend Judge Walworth, 
There was first a prospect, that the office of Chief Justice of 
our Supreme Court would become vacant by the appointment 
of Chief Justice Savage, Treasurer of the United States. In 
that case I wished to see Judge Walworth occupy the position 
This prospect failed. But towards the close of the month, the 



102 AUTOBIOGRAPHY 

office of Chancellor became vacant, by the appointment of 
Chancellor Jones Chief Justice of the Superior Court of the 
City of New York. This opened the way for Judge Wal- 
worth's appointment as Chancellor, which he obtained. Al- 
though wc did not belong to the same political party, we were 
friends. Being in Albany, I was able to keep him advised of 
movements there — and thus assist him. Our coiTespondence 
shows the deep interest I took in his promotion. 

My children will naturally inquire, why I took such an 
interest in the advancement of this gentleman. The answer 
is found in my gratitude for kindness and friendship bestowed 
in time of need. In 1818, a professional matter of little mo- 
ment took me to Plattsburgh, at the time the Circuit Court 
was in session there. Judge Walworth was then a resident of 
that village, and in full practice at the bar. He was engaged 
on one side or the other, in all the important causes tried. 
Although we had then only a casual acquaintance, he inter- 
ested himself in my behalf, and procured retainers for me in 
several important causes, which I aided in trying, and after- 
wards argued at bar. This was of essential service to me at 
that time. I did not forget it in our future intercourse, which 
became intimate and extended to our families. 

Amid all these engagements and objects of interest, I was 
generally able in the morning to read some Latin, almost 
always the Greek Testament on Sunday, but only seldom 
French in the afternoon and evening, and sometimes I read 
French in the morning instead of Latin. 

On Sunday, the 13th of April, I completed the reading in 
Greek of the four Gospels. I always read the Greek Testa- 
ment slowly, carefully, and critically. In my diary of that 
day, the fact of completing the reading of the Gospels is 
mentioned, and there is added the following entry — 

" I have a much nearer and clearer view of the character of our 
Divine Saviour, than I have ever had before." 

My house was sold before I returned from Washington, 
and on the 22d of April our furniture was sold. On the after- 



AND COLLATERAL REMINISCENCES. 103 

noon of that day, Mrs. Foot and I left our house, and went to 
Mr, Fowler's, where we staid till the 1st of May, when we 
removed to New York. In my diary, written the morning 
after we left our house, is an entry in the following words — 

'' I thank thee, my Heavenly Parent, for the many, very many, 
favors we have received from thee while occupants of our late resi- 
dence, and invoke thy hlessing on our removal and enterprise 
connected with it, and especially do I thank thee, for the spiritual 
favors received through the influence of thy Holy Spirit during 
the same time. "Wilt thou, for thy Son's sake, continue to bestow 
them, till I shall become, in spirit and truth, one of thy chil- 
dren."' 

We took a suite of rooms in a first-class boarding-house, 
kept by Mr. and Mrs. Storer, at No. 61 Broadway, with an 
arrangement for our meals to be served in our parlor when we 
desired. 

Chancellor Kent, William and I took a suite of rooms for 
our offices in Cedar Street. William and I occupied two, and 
the Chancellor one. The Chancellor had no connection with 
us in business. He confined himself wholly to the business of 
chamber counsel. 

Before removing to the city, I had been tendered, and re- 
ceived assurances from several jirofessional friends, who limited 
themselves to office business, and employed counsel to conduct 
their litigations in court, that I should receive retainers in all 
cases in which they engaged counsel. Among these profes- 
sional friends, Colonel Jolm Lorimer Graham was j^rominent. 
He was then the senior partner of the law firm of J. L. & J. 
L. Graham, who were conducting a large and lucrative busi- 
ness. These assurances were realized far beyond my exi^ecta- 
tions. They brought me early to the notice of the bar of the 
city, and the public generally. My professional engagements 
as counsel and advocate were thus increased by my removal. 
But another occurrence cast a volume of professional business 
upon our firm, quite equal to our ability to attend to. My 
friend, Judge Walworth, was appointed Chancellor in April, 



104 AUTOBIOGRAPHY 

1828. He came to the city a few days after the middle of 
May, to hold a term of the Com-t of Chancery, which com- 
menced on the fourth Monday of that month. He lodged at 
the same house with us. When out of court we passed a good 
deal of time together. While he was still in the city, holding 
the term of his court, the Franklin Bank, a large banking in- 
stitution, failed. On the application of our firm, he appointed 
Chancellor Kent receiver. The business of the bank had been 
so carelessly and improperly managed, that a large amount of 
litigation necessarily arose in the progress of closing its affairs, 
all of which the receiver employed our firm to conduct. From 
that time forward my profession required nearly all my time. 
Still I read Latin occasionally in the morning, French in the 
evening, the Greek Testament always on Sunday, and em- 
ployed my snatches of time, not appropriated to social inter- 
course and exercise, in general reading. 

Chancellor Kent and his family attended the First Pres- 
byterian church of New York, commonly called the " Wall 
Street church," of which the Rev. William W. Phillips was 
pastor. The pastor was also a fellow-student of mine in col- 
lege. Mrs. Foot and I belonged to the same denomination in 
Albany. These circumstances, together with the convenience 
of the location, induced us to take a pew in that church. After 
a few months, Mrs. Foot took her dismission from the Second 
Presbyterian church in Albany, and united with that in Wall 
Street. 

On the 31st of July, Mrs. Foot and I left the city for 
Albany, — she to make a visit to her parents, — and I to go to 
Utica, to attend the term of the Supreme Court, whicji com- 
menced there on the first Monday of August ; then return, to 
attend a term of the Court of Chancery, which began there on 
the fourth Monday of that month, and a session of the Albany 
Circuit, held there early in September, at each of which I had 
a number of causes to argue and try. On leaving the city I 
concluded my diary of that day thus — " We leave this city this 
morning for Albany, contemplating an absence of several 
weeks. Will our Heavenly Father take us into his kind 'keep- 



AND COLLATERAL REMINISCENCES. 105 

ing, preserve us during our absence, and restore us to our 
home again in healtli and safety." 

We returned to the city on the 17th of September, and my 
diary of the day of our return concludes thus — " Mrs. Foot and 
I have enjoyed good health during our absence. I have been 
wholly occupied with professional engagements, and to a much 
greater extent than I expected. My absence has been a pros- 
perous one. For these many blessings and marked manifes- 
tations of the good- will and kind care of our Heavenly Father 
towards us I return my sincere thanks, and humbly entreat 
Him, through the merits of our dear Redeemer, to forgive our 
offences and become reconciled unto us." 

Professional engagements took me again to Albany on the 
19th of October. I stopped at West Point on my way, dined 
with my nephew. Prof. Charles Davies. Met there his brothers, 
Henry E. and Thomas A., and my nephew, John F. Lane, also 
Colonel Thayer, then superintendent of West Point Academy, 
Prof. Courtnay, and others ; spent four hours most agreeably, 
and then proceeded to Albany, Avhere I was constantly en- 
gaged in the argument of causes till the afternoon of the 3d of 
November, when I returned to the city, Mrs. Foot joined me 
at Albany and returned with me. Again on the 1st of De- 
cember Mrs. Foot and I went up to Albany, she to make her 
parents a short visit, and I to argue a cause in the Court of 
Chancery. We were absent only a few days. 

On the 12th, 13th, 15th, and 16th days of this month 
(December) I was occupied in the trial of an important cause 
in the Superior Court. Mr. David B. Ogden, then the leading 
member of the bar of New York, was my opponent. Our 
arguments were reported and pubhshed in the Courier. Mine 
was so imperfectly reported, that I prepared a correct sketch 
of it, sent it to the editors of the Courier and asked, as a mat- 
ter of justice to me, to have it published. But the reporter, 
claiming to be heard in vindication of his report, and Mr. 
Ogden telling me, that he had long since given up all hopes of 
being correctly reported ; and for years, to avoid being vexed, 
had not read any newspaper report of his arguments, I with- 



106 AUTOBIOGRAPHY 

drew my request. The corrected and accurate sketch of my 
argument having been preserved, will be found among " Pa- 
pers Written by me," as No. 13. It will show how I treated 
delicate questions arising on the conflict of testimony. 

My diary of the 17th day of this month, being my birth- 
day, contains the following entry : 

" This day I am 38 years old. I return thanks to my Heavenly 
Father for the many favors I have received at his hands, and 
especially for sparing my life and continuing to me strength of 
body and mind, by which I have been enabled to acquire a com- 
fortable fortune, and obtain considerable distinction in my profes- 
sion. Do not, Lord, now abandon me to myself, but continue 
to exercise over me thy parental care." 

As specimens of the manner of keeping my diary, I will 
copy two days, one an ordinary day, and the other the last day 
of this year : 

" December 18th, Thursday. — Read a few Unes in French yes- 
terday morning, also the newspapers. Spent the forenoon till one 
o'clock at the office, then called to see General James Talmadge, 
Mr. and Mrs. Hudson, Mr. and Mrs. James McGregor, jr. Mrs. 
Foot was with me. Passed tlie afternoon at the office, principally 
in conversation, and the evening at home and Chancellor Kent's. 
Eead Jacob Barker's pamphlet, and Pelham, while at home. 
Passed a pleasant hour at Chancellor Kent's. Mrs. Foot was with 
me." 

" 1829, January 1. — Read French and the newspaper yesterday 
morning. Spent the forenoon at the office in business and reading 
law, the afternoon at home reading Russell's Tour in Germany, and 
the evening in the same way, and in Mrs. Pyne's room playing 
whist and conversing. We, viz. Mrs. Foot and myself, met there 
several of the family and passed a tolerably pleasant evening. An- 
other year of my life has gone, and I almost reproach myself for 
the little good 1 have done. Should my life and health be spared 
for another year, I trust I shall not be obliged, at the end of it, to 
condemn myself so severely as I do this day." 

My diary shows throughout, as the few extracts presented 
do, how constantly I was dissatisfied with myself, and how 



AND COLLATERAL REMINISCENCES. 107 

short I fell of my own standard of duty, notwithstanding my 
persevering efforts to live up to it. 



182 9. 

My time this year was fully employed ; very little, if any 
of it, was wasted. My profession demanded the principal part 
of it. In that I had full occupation, and was even offered 
more retainers than I could accept. The following entry ap- 
pears in my diary under date of the 19th May : 

" I was offered a professional engagement yesterday, Avhicli I 
could not undertake, in consequence of having so many on hand. 
This is more than I expected, and more than I deserve. The 
kindness of my Heavenly Father, who giveth all things, as well 
temporal as spiritual, is beyond measure. May he forgive my in- 
gratitude. I ask it in the name and for the sake of my dear 
Kedeomer." 

Social duties, an active correspondence with relatives and 
friends, exercise, and a little needed recreation necessarily 
occupied portions, though comparatively small portions, of my 
time. Far the largest part of these portions of time was occu- 
pied in social duties. Latin and French too were not wholly 
laid aside, nor was general reading entirely neglected. In all 
the mornings of January, February, and March I read French, 
and at other times during the year as occasional opportunities 
offered, both French and Latin, and always on Sunday when 
at home the Greek Testament. I read the newspapers regu- 
larly every day, and generally in the morning. Snatches of 
time in and out of court, and now and then late hours at 
night, when a book or subject particularly interested me, were 
devoted to general reading. On looking over my diary for 
this year, I was surpised to see how much general reading 
was thus accomplished.* 

* I read in the month of February, which was a fair average of the 
year, the following books : Douglass, a tragedy — The Poor Gentleman— 



108 AUTOBIOGRAPHY 

I was obliged to limit the time given to social intercourse. 
In my diary of the 23d of January is this entry — " We were 
invited to a party last evening, but in pursuance of our resolu- 
tion not to mix with and spend our time in general society, we 
sent an ajiology." Tliis simply means, that we resolved to 
avoid the round of large fashionable parties given in the city, 
and restrict our social intercourse to the educated and refined, 
in small social gatherings. 

As we lived near the Battery, then a beautiful place, most 
of my exercise was taken in walking on it. Mrs. Foot gener- 
ally accompanied me, and many refreshing and happy walks 
did we have there. We often met friends, who joined us, and 
with whom we had many pleasant chats. Their names are all 
down in my diary. If my children look at them they will find 
them to have been eligible associates. 

The only recreation I allowed myself during the year, was 
a visit in June to our relatives, Prof, and Mrs. Horace 
Webster, at Geneva. We (Mrs. Foot and myself,) were there 
only four days, but it took us four days to go and four to re- 
turn * — a visit of three days near the end of July to our rela- 
tives. Prof and Mrs. Charles Davies, at West Point, and a 
couple of days, viz., the 3d and 4th of August, j)assed at 
Kockaway. 

Considerable portions of my time were passed in profes- 
sional business out of the city. I was at Albany from the 
20th of March to the 23d of April, and during that time was 

She Stoops to Conquer, plays— Several numbers of Johnson's Rambler 
and Idler — Johnson's " Review of a Free Inquiry into the Nature and 
Origin of Evil," written by Soame Jenyns — Johnson's Lives of Admirals 
Blake and Sir Francis Drake — His " False Alarm " — His Lives of Samuel 
Butler and Sir John Denham, and his pamphlet " Taxation No Tyranny " — 
Murphy's Life of Johnson — The Appeal of H. G. Otis and others to the 
People of the United States, in answer to President Adams' letter to them 
on their call for proof relative to his communications to Mr. JeflFerson in 
1808 — and Disowned, a novel. 

* Now (1867), the time of travel Tjetween New York and Geneva is 
thirteen hours. What a difference ! 



AND COLLATERAL REMINISCENCES. 109 

almost daily engaged in court — again I passed three days in 
August, the 10th, 11th, and 12th, there, in the argument of a 
cause in the Court of Chancery, and again, on the 23d of that 
month, went there to attend the Court of Chancery and the 
Court for the Correction of Errors, and was occupied there a 
fortnight. 

Mrs. Foot and I became very tired of living at lodgings, 
although we Avere in a pleasant house, had a handsome suite 
of rooms, and met there agreeable company. We did not 
have, however, the sweets of home, as we had enjoyed them in 
Albany, and longed for them. After a long talk together on 
Wednesday, the 5th of August, we determined to rent a house 
in the city, and buy a place in the country. Having formed 
our resolution, I carried it promptly into execution. It has 
been my endeavor in life, to form my resolutions on full con- 
sideration, but when once formed, to carry them out promptly. 
I leased a handsome three-story brick house, No. 88 Green- 
wich Street, then in the court end of the city. The best 
families then resided in that vicinity. Mrs. Foot, with some 
assistance from me, j)urchased the furniture we needed, and 
put our house in order. We moved into it on Saturday after- 
noon, the 3d of October. I made inquiries for a place in the 
country. We looked at quite a number during the autumn of 
this year and the spring of next year, but finding none to suit 
us, we gave up the idea of a country residence. 

After we had decided to give up lodging and commence 
housekeeping, I concluded to change the character of my 
diary, and on the 16th of August made an entry in it in the 
following words — 

'•' My habits being now fixed, to regulate which, I principally 
began and have continued this journal, I have concluded to alter 
the plan of it, and hereafter shall not go so much into detail. I 
shall endeavor to make it for the future, a tolerably accurate his- 
tory of my mind, both as it respects acquirements and my own 
thoughts. It Avill probably assume more the character of a com- 
mon-place book." 



110 AUTOBIOGRAPHY 

I followed this plan for a few months and until the 1st of 
November^ and then returned to the former mode of keeping 
my diary. My entry on that day is as follows : 

" The satisfaction of looking back on daily occurrences has 
induced me again to re-commence my diary and write it daily 
as formerly." 

My practice as a counsellor-at-law became so large, that I 
Avas unable to give much attention to the attorney's business 
transacted in the office. The burthen of that fell on my junior 
partner, Mr. William Kent. He was a scholar, a gentleman, 
and a well-educated lawyer, but he was not as efficient and 
thorough in the dispatch of business in the office, as my large 
practice required. This was so obvious in the autumn of this 
year, that I felt constrained to j^rojjose a dissolution of our 
firm. We conferred on tliat subject near the close of Novem- 
ber. After a full and friendly interchange of views, we agreed 
to dissolve our partnership on the 1st of May following. We 
made this arrangement pleasantly, and without any diminu- 
tion of our friendship and mutual respect. 

The state of my religious feelings this year will appear 
from several extracts in my diary : 

Monday, 9th February. — After an account of the manner, in 
Avhich the Sabbath, the day before, had been spent. " The day 
was poorly spent, with the exception of the time devoted to the 
reading of the Testament. My thoughts were entirely on the 
world while in church, and for a large portion of the time out of 
it. I hope my Heavenly Father will pardon my offences, for the 
sake of His Son, my Saviour, and that he will aid me by his grace 
to subdue the evil propensities of my heart." 

" Friday, May 1. — This day completes one year of my residence 
in New York. My success in my profession has far exceeded my 
expectations. For my great prosperity, and Mrs. Foot's and my 
continued health during the year, I return sincere thanks to my 
Heavenly Father, and pray him to take us into his kind keeping 
and guide and direct us through the coming year." 

*' Saturday, October 3 (the day we moved into our house). — I 
return thanks to my Heavenly Father for liaAdng again given me 



AND COLLATERAL REMINISCENCES. m 

a home, surrounded with all the comforts that man can reasonably 
require." 

" Thursday, December 17th (my birth-day). — I thank my Heav- 
enly Father for having given me life for so many years, and for 
having bestowed upon me the temporal blessings which I enjoy. 
I commit myself and all who are dear to me into his hands, having 
full and entire confidence in his justice and mercy." 

Notwithstanding my efforts to discharge my duties to God 
and man, I found cause almost daily to accuse myself of delin- 
quency, and often resolved on amendment. To admonish my- 
self of my delinquencies, and aid me to keep my resolutions, I 
entered them in my diary. The following are specimens : 

"January 5th, Monday. — Notwithstanding my resolution, I 
kept the first Sabbath of the year poorly, in comparison with what 
I might have done." 

" January 11th, Wednesday. — I am so inclined to sleep lately 
that I can scarcely keep from dozing over the most interesting 
books. I fear I indulge my appetite too much, and am resolved 
to-day to amend in that respect." 

'■'February 2d. — My thoughts were yesterday generally in a 
proper direction, though a portion of the time, they were very dif- 
ferent from Avhat they should have been. I allowed myself to be- 
come angry for omission to furnish our servant with her meals as 
agreed. ' Anger,' says the Avise man, ' resteth in the bosom of 
fools.'" 



1830. 

My time this year was, in the main, fully occupied, yet I 
needed and allowed myself more hours of rest than in the pre- 
ceding year. Several spells of slight illness also detained me 
for short periods from my usual avocations, and in the sum- 
mer, I required and took a month for recreation. My profes- 
sional engagements this year were generally of a higher order 
than theretofore. I was often employed in the argument of 
causes of the first importance, and against opponents in the 



112 AUTOBIOGRAPHY 

first rank of the profession. Preparation for these arguments 
required long, laborious, and intense application to professional 
studies and investigations, and their delivery called out my 
greatest efforts. These were exhausting, sometimes producing 
slight illness, and rendered rest, for longer or shorter periods, 
imperative. 

While the principal part of my time was devoted to my 
profession, yet a considerable portion of it was given to social 
duties and enjoyments. Being housekeepers, and having a 
large circle of relatives, friends, and acquaintances, we enter- 
tained a good deal ; not by giving costly and sumptuous 
entertainments, but by social gatherings, at dinner, supper, 
and tea, and occasionally at breakfast. This led us out fre- 
quently to social evening parties, and me often to dinner 
parties. 

My general reading was pursued as time and opportunity 
offered, though not to the extent it was in the previous year. 
Latin and Frcncli received from me this year little or no at- 
tention. On the Sabbath, I usually read " The Observer," a 
religious paper, a few verses and sometimes a whole chapter in 
the Greek Testament, and frequently a page or two in the 
Kev. Matthew Henry's " Exposition of the Old and New Tes- 
tament," a copy of which Mrs. Foot purchased in March, 
I read the newspapers regularly and generally in the morning. 

Politics occupied more of my time and thoughts this year 
than ever before. The opponents of Freemasonry had become 
a strong and active party, termed " Anti- Masonic." A fuller 
account of the origin and progress of this party than I have 
already given in these pages, will be found in " Hammond's 
Political History of New York " (see Chapter 28). I of course 
read ev^erything published on this subject, and my opposition 
to Freemasonry became deep and earnest, being fully satisfied 
that the oaths of the Masonic fraternity endangered the peace 
and safety of the community, and were esjDCcially obstructive 
to the administration of justice. I was an active member of 
the " Anti-Masonic " party, and labored earnestly for its suc- 
cess. 



AND COLLATERAL REMINISCENCES. II3 

At an Anti-Masonic convention, held at Albany, on the 
25th of February, I was " appointed a delegate to represent 
the state of New York in a National Convention, to be held 
at Philadelpliia on the 11th day of September next." 

The secretary of the convention, in his letter communica- 
ting my appointment, stated, that it was the wish of the con- 
vention that I should accept the appointment and attend the 
National Convention. In my answer, I accepted the appoint- 
ment, and said I would " attend, if indispensable engagements 
do not prevent me. Our Court of Errors will be in session at 
that time, and causes in which I am employed as counsel may 
be under argument ; if so, it will be difficult for me to leave 
the city." 

An Anti-Masonic convention was held at Utica, early in 
August, to nominate candidates for Governor and Lieutenant 
Governor. The general, if not universal, opinion of the party 
was in favor of the nomination of Mr. Francis Granger, of 
Canandaigua, for Governor, and the leaders of the j)arty were 
canvassing the names of prominent gentlemen in the eastern 
part of the state for a candidate for the office of Lieutenant 
Governor. 

Mrs. Foot and I left the city for my month's recreation on 
the 24th of July. A day or two before we left, a committee of 
the delegation from the city of New York to the Utica Con- 
vention waited upon me, and asked permission to present my 
name to the convention as a candidate for the office of Lieu- 
tenant Governor. I hesitated about giving it, for if elected, 
the duties of the office would greatly interfere with my pro- 
fession, and be a serious injury to me. The committee urged 
the matter upon me, mainly on the ground, that I was the 
most prominent member of the party in the eastern part of the 
state, and mine was the only name they could unitedly and 
satisfactorily present. Thus urged, I reluctantly assented to 
the presentation of my name. It was not, however, presented. 
The convention selected for that office Mr. Samuel Stevens, of 
the city of New York, a highly respectable gentleman, but not 
a member of the Anti-Masonic party. 



114 AUTOBIOGRAPHY 

Jabez D. Hammond, the author of the " Political History of 
New York/' was an active political manager in this state, and 
a member of the Anti-Masonic party. He wrote me a letter 
on the 17th of August, in which he spoke cheeringly of the 
nominations at Utica, and of the prospect of electing the nomi- 
nees. He remarked in this letter : " I had hoped to have 
had the pleasure of giving you my vote for Lieutenant Gover- 
nor, but must deny myself that gratification for the present." 

Mrs. Foot and I returned to the city on the 21st of August, 
and on that day I answered Mr. Hammond's letter as follows : 

" On my arrival in the city to-day, I had the pleasure of find- 
ing your letter of the 17th inst. I am happy to hear that the 
nominations made by our friends at Utica are so well received, 
and that the prospect of success is as fair as you represent. I had 
not supposed, that the convention would, or could, go out of the 
Anti-Masonic party for candidates ; indeed such a course had not 
entered my mind, as one at all probable, and I shall not yield to 
the policy of it, till the event shows its correctness. The selection 
for Lieutenant Governor is highly judicious, if the policy was wise 
to go out of the party for a candidate ; but such steps in politics 
have always, in this state, and without a single exception to my 
recollection, been frowned upon by the people. 

" Concerning Mr. Granger's nomination, there is but one opin- 
ion, and of Mr. Stevens I can say, he is a most worthy and excel- 
lent man, and having consented to receive a nomination, he will, 
of course, act with the friends who elect him, and I shall sup- 
port the ticket with zeal. 

" As to my nomination, all I know about it, is, that a commit- 
tee from the New York delegation called upon me the day before I 
left the city, stated that the delegation had appointed them to in- 
quire of me if I would consent to be a candidate for Lieutenant 
Governor. I answered, in substance, that an election would be 
seriously injurious to me, yet I hardly felt at liberty to deny the 
use of my name if the convention desired it, and upon the whole 
would say, that if no other gentleman could be found, who would 
answer the exigency of the party, they might use me, but only as 
.a dernier resort. 



AND COLLATERAL REMINISCENCES. II5 

" I since learn, that Mr. Weed heard of this, thought my nomi- 
nation would not answer, came down to this city and persuaded 
the delegation to take up Mr. Stevens. In this he has done me a 
personal favor, and perhaps the party, an essential service." 

A week or two after writing this letter to Mr. Hammond, 
I was informed, and no doubt correctly, that the managers of 
the party, or rather I should more correctly say, that the 
manager of the party, Thurlow Weed, then the editor of the 
" Albany Journal," the leading paper of the party, deemed it 
more politic, as Anti-Masonry v/as greatly in the minority in 
the eastern part of the state, to nominate a gentleman from 
that part of it who was not identified with the party, than one 
who w^as, and hence Mr. Stevens' nomination. 

The result showed that my views were correct, and Mr. 
Stevens' nomination a mistake. The Anti-Masonic party were 
beaten by over 8000 majority. 

When the time arrived for the meeting of the convention 
in Philadelphia, viz., the 11th of September, a session of the 
Superior Court, and of the Court for the Correction of Errors, 
in the city of New York, rendered it impossible for me to leave 
home, and I was obliged to ask to have a friend substituted in 
my place. 

In the month of April, I formed a copartnership with, my 
nephew, Henry E. Davies, which commenced on the 1st of 
May following, and continued for seventeen years, and until I 
removed from the city of New York to the village of Geneva, 
on the 1st of May, 1847. This connection was a fortunate one 
for each of us. We did a very large professional business, 
happily and successfully. Mr. Davies had a remarkable tal- 
ent for the dispatch of business. He relieved me almost en- 
tirely from the business in the office, and thus enabled me to 
devote nearly my whole time to counsel business. 

My professional engagements took me to Albany several 
times this year. I was there from the 4th to the 26th of Jan- 
uary — on the 20th, 21st, and 22d days of April — from the 
1st to the 8th of July— from the 16th of October to the 2d of 
November, and on the 24th, 25th, and 26th days of December. 



IIQ AUTOBIOGRAPHY 

My exercise was taken almost wholly by walking on the 
Battery. Mrs. Foot usually accompanied me, and, as last year, 
we often met friends there, and had pleasant walks and con- 
versations with them. 

Mrs. Foot and I sjjent the last few days of April, in a trip 
to Philadelphia, to visit the widow and children of our former 
jjastor in Albany, the Kev. John Chester. We found Mrs. 
Chester and her children well, and agreeably situated. We 
had a pleasant journey and visit. 

On Saturday, the 24th of July, Mrs. Foot and I left the 
city directly after breakfast for a month's tour in the country. 
We traveled in a carriage with a pair of horses and driver. 
Our first stop was with her uncle, Mr. Philemon H. Fowler, 
in Eastchester. We arrived there in time to dine, and spent 
the afternoon of that day and the next day (Sunday) with 
him. On Monday we proceeded on our tour. We sauntered 
leisurely and in short daily rides through Westchester County 
and Connecticut, over to Watertown in that state, the resi- 
dence of my sister and brother-in-law, Scovill, and the place 
of my nativity. My sister York was then there on a visit. 
We spent several days in Watertown, riding and visiting with 
my sisters. They went down to New Haven Avith us. I left 
Mrs. Foot and them to return to Watertown in the carriage, 
and went myself in a steamboat to the city for a few days, on 
urgent professional business. On my return from the city to 
New Haven, Mrs. Foot met me with the carriage, and from 
there we went to Hartford, stopping on our way at Cheshire, 
to make my cousin, Samuel Augustus Foot,'^'-' and his family a 
visit, which proved to be a pleasant one. From Hartford, we 
proceeded up the valley of the Connecticut river, spent the 
Sabbath at West Springfield, and heard the Eev. Thomas E. 

* This gentleman wrote his name, as I have always written mine, viz., 
Samuel A. Foot, though our raiclclle names were not the same, as I have 
before mentioned. His son, Andrew Hull Foot, was a remarkable man — 
a ripe scholar — an active Christian — an accomplished gentleman — a brave 
and able officer. He was greatly distinguished in the late rebel war, and 
died an Admiral. 



AND COLLATERAL REMINISCENCES. 117 

Yermilye preach. Little did I then think, that in after years, 
he would be one of my pastors in the Eeformed Collegiate 
church in New York, as he actually was. We spent half a 
day at Springfield viewing the United States Armory, in com- 
pany with some friends whom we met at that place. Staid 
over night at Northampton, followed the valley of the river 
through the towns of Hatfield and Deerfield to Greenfield, and 
then turned west into the mountains. We dined at Greenfield 
on the 10th of Auscust. From there over the mountains to 
North Adams. I will copy from my diary : 



" After dinner we rode eight miles to Merrill's in Shelbum, 
where we staid all night. The ride was charming, the conntiy 
being hilly and picturesque, and appearing to great advantage in 
comparison with the monotonous level of the banks of the Con- 
necticut river, of which we had begun to be tired. The old towns 
of Hatfield and Deei-field had the appearance of age and great 
respectability. The main street through the callage of each was 
lined with old and reverend elms and maples, which gave an in- 
teresting appearance to each town. I shall easily remember 
them. 

"Wednesday, August 11th. — This day we rode twenty-four 
miles, viz., from Shelburn through Charlemont and Florida to the 
north village in Adams. We were in and on the mountains dur- 
ing all our ride, which continued from six in the morning to two 
in the afternoon. We followed the Deerfield river through Charle- 
mont and a part of Florida. It would require pages to describe 
the beauties which this ride presented. It gave me and Mrs. Foot 
a clearer view of mountain scenery than we had ever had before. 
The valleys of the two branches of the Hoosick river, as they were 
first presented on this side of the mountain, were very beautiful 
indeed ; leautiful is almost too tame a term for the splendid spec- 
tacle which the summit of this side of the mountain presented. 
The grand scenery which lay behind us, after we had reached the 
top of the mountain, repaid all our toil in the ascent. I shall leave 
it for memory to dwell upon without attempting a description." 

From North Adams we proceeded through Williamstown 
to Lebanon Springs, where we found several friends and ac- 



118 AUTOBIOGRAPHY 

quaintaRces, and passed a day and night. From there we 
went to Albany and passed a Sabbath with Mrs. Foot's par- 
ents. The next day, Monday, the 16th of August, we went 
down the west side of the Hudson river, through Catskill 
viUage to the Mountain House, where we spent a day and 
night. In my diary I spoke of the scenery as follows : 

" The scenery is too magnificent for me to attempt a descrip- 
tion in a brief diary. I shall easily remember all the interesting 
objects. I trust my heart and head are both improved by witness- 
ing these gi-and displays of the works of my Almighty and Benefi- 
cent Creator." 

We returned from the Mountain House to the village of 
Catskill, and from there by easy daily journeys went down on 
the west side of the river to New York, where avc arrived on 
Saturday, the 21st of August, and found our house safe and in 
good order. 

The ride down the west side of the river was charming. 
Besides having an opportunity to see all the towns and vil- 
lages on that side of the river, most of the land we passed was 
highly cultivated, and the scenery in many places magnificent. 

The only recreation enjoyed this year, in addition to and 
after our tour, was a ride and short visit of a couple of days on 
the 10th and 11th of September to Mrs. Foot's uncle at East- 
chester — a couple of days, the 25th and 26th of November, spent 
at West Point, playing chess with my nephew, Prof Charles 
Davies, Colonel Thayer, the Superintendent of the Academy, 
Prof Courtnay, and other friends — and generally one evening 
every week in October, November, and December playing chess 
with General Winfield Scott, either at his house or mine, he 
being my neighbor, and our residences w^ithin a few doors of 
each other. 

Mr. Daniel Lord was a contemporary during my residence 
and practice in the city of New York. He was in the front 
rank of the first class of our profession — had a very large prac- 
tice — was employed in the most important cases, and distin- 
guished for his high moral and Christian character. To show 



AND COLLATERAL REMINISCENCES. 119 

my sons, who may follow me in my profession, the true spirit 
which should govern them in their intercourse with their pro- 
fessional brethren, I subjoin in a note a couple of letters — one 
from Mr. Lord to me and the other from me to him in answer 
to his.-'- 

After we removed from Albany, I always went once a year, 
when there, to visit the grave of my deceased brother, to keep 
his memory fresh in my mind, and see that his grave was kept 
in good order. When he died, tombstones were placed at his 
grave of as good a quality as could then be afforded, but they 



* TuESDAT Morning, aotti April, 1830. 

Sm: 

In a conversation witli Mr. Dey yesterday morning, he stated to me, that 
at our last meeting in the presence of the referees, I had said in relation 
to some remark of yours, that it was an untruth. 

I do not recollect the use of such an expression, but from his state- 
ment, I cannot doubt it did escape me. I use the first opportunity to 
declare my regret, that in the heat of resistance to what I considered un- 
just and irregular remarks towards my clients, any such expressions 
should have escaped me, and I also regret the harsh expressions, I may 
have consequently used, in reply to your remarks on my conduct. 

I hope that this may be considered, as it is intended on ray part, as an 
ample apology for what was unjustifiable under any circumstances to 
any gentleman. 

I am, very respectfully, your obedient servant, 

Daniel Lokd. 

Mr. Foot. 



Apra 22d, 1830. 

Dear Sir:* 

I had the pleasure of receiving this morning, on my return from Al- 
bany, your note of the 20th instant, and hasten to inform you of the 
gratification which its perusal has afforded me. It has not only brought 
my feelings to their former state of kindness and respect for you, but in- 
creased the high opinion I had before entertained of your worth and 
magnanimity. 

With sentiments of great respect and esteem, 

I remain, sincerely, your friend, 

Sam'l a. Foot. 
Daniel Lord, Esq, 



120 AUTOBIOGRAPHY 

did not accord with my present circumstances, and when in 
Albany in October this year, I ordered a new pair more in ac- 
cordance with them and with my appreciation of his memory. 
His remains rested there under those stones till June, 1867, 
when his widowed daughter, Mrs. Lucretia Booth, removed 
them to Ballston Spa, and placed them in the cemetery there 
beside those of his wife. 

My religious views and feelings this year will best appear 
by a few extracts from my diary, in connection with the cir- 
cumstances under which the entries were made. 

When in Albany in January, I took a walk at twilight on 
the 22d of that month, and visited the grave of my little 
daughter. The entry in my diary is as follows : 

" As I stood there I enjoyed a holy and sweet commimion with 
my Heavenly Father, and her dear spirit resting in his bosom. I 
experienced a state of mind and feeling beyond description. This 
earth was nothing to me, but heaven, eternity, and immortality, 
everything. If I can leave this world with the same holy serenity, 
then to die is gain." 

I returned from Albany on that occasion on the west side 
of the river. The weather was very cold, and the journey 
somewhat perilous. My entry in my diary on reaching home, 
and under date of the 28th of January, is in the following 
words : 

" My first impulse on meeting my family was thankfulness to 
my Heavenly Father for preserving us all in our separation, and 
permitting us to meet again in health and safety. May He con- 
tinue, his kind care over us, and we become more worthy of the 
many favors He bestows on us." 

On the 2d of February an incident occurred, which led me 
to give such devout and profound thanks to my Heavenly 
Father, that I will give the whole entry of that day : 

" February 2d, Tuesday. — This morning brought with it an ap- 
palling occurrence. While Mrs. Foot was performing a kind office 



AND COLLATERAL REMINISCEXCES. 121 

for me in our dressing room, her clothes took fire, and when I first 
discovered it, her back, from her heels to her shoulders, was in 
flames. She was unconscious of it. Being dressed in woolen, I 
sprang and drew her against me, and in that way smothered and 
subdued the fire. She was not injured, though the back part of 
her dress was nearly consumed. My right hand, which I freely 
used in extinguishing the fire, was considerably burned. The 
spectacle Avas awful, when I first saw the fire, and my first move- 
ment, apparently, instinctive, yet I must have reasoned, as the 
measure I took was the most efficient one in my power. I give 
sincere and hearty thanks to my Heavenly Father for this merci- 
ful preservation of my companion, and hope it may be the means 
of inducing us both to rely more entirely on his goodness and care. 
The forenoon of this day was passed at the ofiice in business, the 
afternoon and evening at home. Chancellor and Mrs. Kent passed 
the evening with us." 

Under date of the 4th of May, after stating, that on that 
day, Chancellor Kent and his son, William, had moved to 
other offices, and expressing my regret at parting with them, 
I say— 

" I am to-day again on the world, and must succeed or fail, as 
my efibrts shall be approved or disapproved by my Heavenly 
Father. He has signally favored me thus far in life, and I com- 
mit myself to Him with entire confidence, and I hope with a 
humble spirit, which is prepared to submit willingly to his com- 
mands." 

On the 15th of August, while on our tour in the country, I 
wrote the following : 

"My neglects of duty on this journey to my Heavenly Father 
have been frequent. I have no excuse to render, and must entreat 
my Saviour to take my transgressions on himself, and intercede for 
me with my offended Parent." 

On our returning safely and happily from our tour, I wrote 
under date of August 21 : 

'- For this, and all other favors which we receive daily from our 
Heavenly Father, let us return sincere and hearty thanks." 



122 AUTOBIOGRAPHY 

My cliildren will naturally think that under the influence 
of thought and feelings like those, which the preceding entries 
in my diary disclose, that I would have been able to discharge 
fully and correctly my daily duties, improve my time and op- 
portunities for usefulness — in a word, live up to the standard 
of Christian duty, which God has prescribed in his Holy Word. 
But I fell very far short of even discharging fully and well my 
daily and obvious duties. My diary is full of entries to that 
effect : 

" December 17. — This day I am forty years old, and when I re- 
view my life, I cannot but sorrow to see how little I have eifected, 
and how much more I might have done. A kind Providence has 
attended me, yet I have made but a poor use of the means which 
have been furnished me. With God's help, I hope, if my life is 
spared for another twenty years, that I may be able to give a bet- 
ter account of them, than I can of the last twenty." 



1831. 

My time this year was occupied in general as it was last 
year. My professional engagements increased in importance, 
though probably not in number. They were consequently 
more exhausting, and obliged me to take more time in the 
summer for rest and recreation. 

Our circle of friends and acquaintances extended as my 
professional rejiutation increased, and hence some more time 
Avas required this year than last for social duties. My diary 
contains a full account of the manner in which those duties 
were discharged, and the names of those with whom we asso- 
ciated. By looking at them, my children will see, that my 
social position was all one could desire. 

The French language received no attention from me this 
year as a study, but the Latin did. Many of my mornings 
were occupied in reading Horace, Virgil, and Cicero De Senec- 
tute. My general reading was about the same as the year 
before. My reading on the Sabbath this year was generally in 



AND COLLATERAL REMINISCENCES. 123 

the Observer, Henry's Ex2)osition, the Greek Testament, Bible, 
and Young's Night Thoughts. My professional reading this 
year, and indeed always after I had a full practice, was in con- 
nection with questions arising in my profession. 

Politics continued this year to engage my attention to a 
•considerable extent. I assisted and contributed liberally to 
establish in this city an Anti-Masonic paper called " The 
Whig," and wrote a recommendation of it. This recom- 
mendation will show the leading objects of the Anti-Masonic 
party, and those, which I had in view, in becoming a member 
of it. It is No. 14 of " Papers Written by me." 

A National Anti-Masonic Convention was held at Balti- 
more, Maryland, on the 26th of September this year, to nomi- 
nate candidates for President and Vice-President of the 
United States. I was a delegate from this state, and at- 
tended. The two most prominent gentlemen talked of for the 
Presidency were Judge McLean, of Ohio, and William Wirt, 
of Baltimore. Being acquainted with Mr. Wirt, I called on 
him at 10 o'clock a.m. of the day the convention was to meet 
at 12 o'clock, and in the language used in my diary, " con- 
versed with him till half-past 11 o'clock, relative to the prin- 
ciples of Anti-Masonry and the nomination of a President." 
This conversation satisfied me, that Mr. Wirt was exactly the 
man, whom the exigencies of the party required, as a candi- 
date for the Presidency, and I took strong ground in favor of 
his nomination. A conference was held by the members of the 
convention on the evening of the 26th of September, for gen- 
eral consultation. I spoke several times. No candidates were 
named. A second conference was held the next evejiing, to 
nominate candidates, which continued till 2 o'clock in the 
morning. The following entry in my diary of the 27th of 
September will show the part I took in the conference : 

" If a mode of voting which I insisted on, and which was sug- 
gested to me by a friend in the convention, and opposed by my 
friend Seward (Hon. William H. Seward), had not been adopted, 
Mr. Wirt would not probably have been nominated. On how 
slight circumstances great events often depend ! In the course of 



124 AUTOBIOGRAPHY 

the evening, when debates grew warm between the friends of Mr. 
Wirt and Judge McLean, and when the conference was about to 
dissolve without agreeing on a candidate, I addressed a few words 
or rather sentences to the meeting, wliich turned the course of feel- 
ing so much, that with the aid of other gentlemen, Mr. Wirt was 
finally agreed on unanimously. For this I was thanked by several 
members the next day." 

I took a part in the proceedings of the convention the next 
day. Under date of the 28th of September, is the following 
entry in my diary : 

'•'In the afternoon session I made a short speech, more for the 
respectable audience which was present, than the convention, on 
the resolutions declaring our principles, which were then under 
consideration. This was one of my best declamatory efiForts, and 
for it I was greatly commended by several of my fi*iends. The 
audience listened with attention, and I trust I was the instrument 
of some good to this portion of my fellow-citizens." 

My position, politically, led to quite an extensive corre- 
spondence with prominent gentlemen in the Anti-Masonic 
party. Some j)ortion of this correspondence has been pre- 
served. Copies of some of my letters to Mr. Wirt, Mr. Seward, 
and others, and some of their letters to me will be found 
among my letters of 1831. 

Early in March, I was elected a manager of the " Coloniza- 
tion Society of the city of New York," which trust I accepted, 
and from that time became an advocate and annual contribu- 
tor to the great and benevolent enterprise of colonizing the 
free j)eople of color on the western coast of Africa. In subse- 
quent years I became a manager and Vice-President of the 
New York State Colonization Society. Having from my early 
manhood regarded slavery as a great social, political, and 
moral evil, my desire to see it abolished in this country has 
always been intense. My position uniformly was, that the 
citizens of the free states ougJit to follow the lead of their fel- 
low-citizens of the slave states in regard to slavery, and not 
attempt to lead and direct them, and as they approved of 



AND COLLATERAL REMINISCENCES. 125 

colonization, we of the free states should give it a hearty sup- 
port. I held to tliis position and acted upon it, till the year 
1854, when the influence of slavery was powerful enough to in- 
duce Congress to repeal the Missouri compromise against the 
almost unanimous remonstrance of the free states. I then saw 
that slavery was too strong for the Government, and became 
the year after a member of the Republican party, whose 
avowed object was to confine slavery to the states in which it 
then existed. I have written much and spoken often on this 
great subject. My writings and speeches will appear in the 
course of this Autobiography. My first speech was delivered 
at " A general meeting of the Colonization Society of the city 
of New York, and of citizens, held in the Middle Dutch 
Church, on the evening of the 13th of May, 1831." 

The Christian Intelligencer, of the 21st of that month, con- 
tains the following notice of my speech : 

" Samuel A. Foot, Esq., of this city, arose, and in an able and 
impressive speech, advocated the cause of African Colonization, 
and by powerful arguments enforced the claims of 'the Society to 
the favor and liberaHty of our citizens. He showed that the 
scheme of the Society was practicable, and that its tendency was 
to elevate the character of the people of color already free, to sup- 
press the slave trade, and gradually and safely to wear away the 
institution of slavery. He concluded by offering the following 
resolution : 

" Resolved, That this Society deems the principles of the Ameri- 
can Colonization Society worthy of approbation and support, not 
only as philanthropic and patriotic in their character, but also as 
tending most effectually to secure and promote the rights and in- 
terests of all classes of our countrymen." 

My professional engagements this year did not take me 
often, or for long periods, from the city. I was away only 
three times, and those at Albany, viz., from the 30th of Janu- 
ary to the 11th of February — on the 4th and 5th of April — 
and from tlie 18th to the 25th of December. 

My exercise in the city was mainly taken in walking on the 
Battery. Mrs. Foot usually accompanied me, and we met 



126 AUTOBIOGRAPHY 

friends there in the same agreeable manner as the year be- 
fore. 

Near the end of May we made a short visit of a couple of 
days to our relatives and friends in Albany. On the 30th of 
June we left the city for Geneva, to pass some weeks with our 
relatives, Prof, and Mrs. Horace Webster.* We stopped on 
our way, first, at West Point, and passed a day there with our 
relatives and friends, then at Albany for four or five days, to 
visit relatives and friends there, and while there, I argued a 
cause in the Court of Chancery. We arrived at Geneva on 
the 8th of July, and remained there till the 16th of August,, 
when we left for Albany, where we arrived on the 19th. 

While at Geneva my time was mostly passed in fishing, 
rowing on the lake, hunting, riding, visiting, and receiving 
visits. I read a little and held some consultations on profes- 
sional business. I attended the examinations of the students 
of the college, also the commencement, and the collegiate din- 
ner at the hotel. 

The trustees of the college conferred on me the honorary 
degree of Master of Arts. I presume this was done, on the 
suggestion of my brother-in-law. Prof. Webster, who knew, I 
was too poor in 1814, to attend commencement and receive my 
Master's degree in course at Union College. 

I made the following entry in my diary, under date of the 
3d of August, respecting this degree and the commencement 
exercises : 

" The performances were highly respectable. The trustees 
conferred on me the honorary degree of Master of Arts, for 
which kind notice I am thankful, and feel grateful to my 
Heavenly Father, that he has so guided and directed me, as 
to render me worthy of the good opinion of my fellow-men." 

My first ride on a railroad, and the first time I ever saw 
one, was on the morning of the day we arrived in Albany. 
We rode that morning from Schenectady on the railway, 

* Mrs. Foot and Mrs, Webster were sisters, and Mr. Webster was Pro- 
fessor of Mathematics in Geneva College. 



AND COLLATERAL REMINISCENCES. 127 

drawn by horses, at tlie rate of eleven miles an hour. It 
&eemed wonderful. I speak of it in my diary, as " another 
instance of the astonishing improvements of the present 
day." 

We remained in Albany ten days, visiting relatives and 
friends, riding to Troy and other places in the vicinity, and 
enjoying such other means of recreation as offered. 

Leaving Mrs. Foot in Albany, where she remained till the 
middle of September, I returned to the city, where I arrived 
on the morning of the 29th of August, and resumed my pro- 
fession. Our servants not having resumed their duties, I 
took lodgings at Bunker's, in Broadway, then the best hotel in 
the city, and only opened our house to use my library. 

The only additional recreation I took this year was by 
spending three days in November, the 17th, 18th, and 19th, 
with my nephew. Prof. Davies, at West Point, playing chess 
with him and our friends at the Point, and going from there 
to Albany, where I joined Mrs. Foot and passed a coui^le of 
days with our relatives. 

An incident occurred on Saturday, the 10th of September, 
by which I was put in great peril, and my life providentially 
preserved. Being alone in the city, (for I always felt myself 
alone when Mrs. Foot was not with me), the weather warm 
and oppressive, and having been constantly engaged all the 
week, I concluded to go out to Eastchester, and spend the 
Sabbath with our uncle, Mr. P. H. Fowler. For that purpose 
I hired a horse and gig. When within about a mile of West 
Farms, and while riding on a gentle trot, upon a good road, 
with my hat off enjoying the breeze, the horse, a large and 
powerful animal, suddenly, and without any apparent jirovo- 
cation, commenced kicking with both feet most furiously. 
The second kick broke both thills, and let the gig down. I 
then jumped from it, and fortunately for me that I did, for the 
next kick was over the dash-board and directly into the gig 
where I had been sitting. 

My preservation appeared to me providential, and I wrote 
in my diary the next day as follows : 



128 AUTOBIOGRAPHY 

" I was not injured in the least, and considering the peril I was 
in, it appears to me a special inter]^)osition of Providence. For 
this and the many other favors I receive daily from my Heavenly 
Father, I return my sincere thanks, and pray Him, for the sake of 
his Son, my Sa^dour, to forgive my numerous offences." 

In October, the Kev. Dr. Mason, then President of Geneva 
College, was in the city soliciting funds for that institution. 
At his request, I made an address on behalf of the college, be- 
fore a large meeting of gentlemen, belonging to the Episcopal 
church, at which the Bishop of the diocese presided. Dr. 
Mason opened the meeting by an address, and I followed him. 

The American, of the 14th of October, a highly respectable 
newspaper then published in the city of New York, after 
noticing favorably Dr. Mason's address, contained the follow- 
ing notice of mine : 

" He was followed by Mr. Foot, who, in a very happy manner, 
spoke of the advantages of such an institution, if liberally sup- 
ported ; of the exigencies of the western country for the higher 
branches of a liberal education, and the capabilities of Geneva Col- 
lege to afford them. He took occasion to observe, that though he 
did not belong to the denomination of Christians, of which most 
of those present were members, yet he could not refrain from re- 
marking, that he had attended at the recent commencement of 
Geneva College, and that he had derived as much satisfaction from 
the exercises of that day, as from any commencement he had ever 
been present at,, even of the college of which he was a graduate." 

In the latter part of the month of October, I was associated 
with Mr. Talcott, whom I have before mentioned, in the argu- 
ment of an interesting and important cause for the Orphan 
Asylum Society of the city of New York. Mr. Talcott had, by 
this time, become very eminent, and I made an earnest effort 
in this cause to acquit myself well, not in a spirit of ignoble 
rivalry, but under the influence of a laudable ambition for pro- 
fessional distinction. 

The managers of the society sent me the following reso- 
lution : 



AND COLLATERAL REMINISCENCES. 129 

" Eesolved, nnanimously, That this Board return their grateful 
acknowledgments to their counsel, S. A. Foot and S. A. Talcott, 
Esquires, for the very able and eloquent manner in which they ad- 
vocated the cause of the orphan in the late apphcation to the 
Court of Chancery." 

My spiritual condition improved this year. My conscience 
became more wakeful and tender in regard to my religious 
duties. My Sabbaths were in general better spent. I gave up 
the bad practice of attending church only half the day, and 
usually attended forenoon and afternoon and occasionally in 
the evening ; still my Sabbaths were far from being as well 
spent as they ought to have been. Mrs. Foot never visited on 
the Sabbath, and never willingly received visits. On the 2d 
of January this year, I joined her in a determination, neither 
to visit, nor receive visits on the Sabbath, and on that day, 
which was the Sabbath, we denied ourselves to several gentle- 
men who called. 

A few extracts from my diary will show the state of my 
religious feelings this year : 

On my return from Albany on the 11th of February. — 
" Found Mrs. Foot well and my household in good order. For my 
preservation and that of Mrs. Foot during our separation, and 
my safe return, I record my thanks to my kind Preserver and 
bountiful Benefactor." 

May 13th. After the delivery of my speech in favor of colo- 
nization. — '^ The meeting was an interesting one, and I acquitted 
myself better than I expected. I thank my Heavenly Father for 
carrying me successfully through this interesting duty, and thus 
enabling me to cast in my mite of effort in this great cause." 

June 29th. The day before we left the city for the West. — 
"To-morrow morning we leave the city for the West, and expect 
to be absent some time. We commit ourselves to the care of 
our Heavenly Father, and pray him to preserve us during our 
absence, and return us to our dwelling in the autumn in health 
and safety." 

September 17th. When Mrs. Foot came from Albany to the 
city and we resumed the occupation of our house. — " The pleasures 
9 



130 AUTOBIOGRAPHY 

of home are indeed sweet. Our servants have returned, and our 
house is being arranged. Health and happiness have been the lot 
of each of my household during our separation. For this I return 
thanks to my Heavenly Father, and pray that he will bless us in 
all our relations in life." 

December 17th. My birthday. — "This is my birthday, and 
brings me to forty-one years of age, but my business, viz., prepara- 
tion for an argument before the Chancellor in Albany, has so occu- 
pied my time, as to prevent me from paying that attention to it 
which I ought. I trust I am tliankful to my Heavenly Father 
for the continuance of my life and the general prosperity which 
1 enjoy." 

December 31st. The close of the year. After mentioning 
that I had spent a part of the day in errands, "the object of which 
was to pay all my debts, which I accomplished," my entry is the 
following: "I have thus been carried through the year, and al- 
though I have not wasted any considerable portion of my time, still 
many valuable hours have been poorly and uselessly spent. For 
this I ask the forgiveness of my Heavenly Father, and also return 
Him sincere thanks for the many blessings the year has brought 
with it." 



1832. 

This was an eventful year for me. Three events occurred, 
each of which had an important influence on the future of my 
life: 

First. My dear, faithful, and devoted wife was removed 
from me by death. 

Second. I avowed openly my fealty to my Saviour, and be- 
came a member of his visible church. 

Third. I delivered an address before the literary societies 
of Geneva College, which drew public attention to me as a 
scholar. 

My diary this year was commenced with the following 
entry : 

" My habit being firmly established of taking exercise every 
morning when the weather will permit, and of reading the mom- 



AND COLLATERAL REMINISCENCES. 131 

ing paper, in addition to my other duties in the morning ah-eady 
recorded, it seems unnecessary to notice either of them in my diary. 
It may be taken for granted that they are performed, unless tJie 
contrary is stated." 

My time from the commencement of the year to the 2d of 
July, was passed mainly as it had been in previous years in 
the city. The only variations consisted in my professional 
engagements in the city being more engrossing, as I was out of 
the city but once on business, and then only for a few days at 
Albany in the early part of February — in giving no attention 
to Latin and French as studies — occupying sufficient time to 
write my address — and in reading on the Sabbath, in addition 
to the Greek Testament, the notes of Scott and Henry on the 
portions of Scripture read in Greek. 

On the evening of the 20th of March, I delivered an ad- 
dress in favor of colonization before a large meeting held at 
the City Hotel, in respect to which, I remark in my diary, 
that " I acquitted myself tolerably well." I have preserved 
only the outlines of this address. Whether it was published 
or not, I do not recollect. 

I spent the afternoon of the 27th of January in writing a 
short article for the Whig, on the renewal of the charter of the 
United States Bank. It is No. 15 of " Papers Written by 
me," and was published in the Whig of the 30th of January. 

I allowed myself this year no rest, or recreation beyond 
daily exercise, except a visit with Mrs. Foot of a couple of 
days at the end of March to our relatives and friends in Al- 
bany, and a visit with her of four days at the beginning of 
May to our uncle, Mr. P. H. Fowler, at Eastchester, where 
most of my time was passed in hunting, fishing, and rambling 
over the fields. 

As cholera prevailed at Montreal early in the season, its 
approach to Albany and New York was expected. Mr. Fow- 
ler with all his family left Albany for Geneva about the mid- 
dle of June, and was very anxious Mrs. Foot and I should join 
them there. 



132 AUTOBIOGRAPHY 

On the 2d of July, the Board of Health of the city of New 
York announced the presence of cholera. Our arrangements 
having been previously made, we left the city that afternoon. I 
truly say in my diary, " We did not leave because I was afraid 
to remain, but because Mrs. Foot and I apprehended her par- 
ents and relatives would be greatly disturbed, if we continued 
in town." 

We took a pair of horses, driver, barouche-wagon, and 
maid-servant. We crossed the river and proceeded on the 
Hackensack road to a tavern in the town of Bergen, where we 
staid over night. From there by short daily journeys, neither 
of us being very well, we traveled through the northern part 
of New Jersey to Milford, in Pennsylvania — from there through 
the eastern and mountainous part of that state to Bingham- 
ton in this state — from there to Owego, Tioga Point, Elmira, 
and Jefferson at the head of Seneca Lake. One of our horses 
becoming lame, we then went on board the old steamboat, 
" Seneca Chief," with our wagon and horses, and had a pleas- 
ant passage down the lake to Geneva, where we arrived on 
the 13th of July, at 8 o'clock p.m. This was a very pleasant 
journey. We regained our health, and arrived at Geneva 
quite well. 

A detailed account of this journey, the friends we met, and 
objects of interest we saw and examined, will be found in my 
diary. My children can trace our steps on the map, and read 
the whole if they choose. 

On our arrival at Geneva we found our relatives well. We 
all formed one family at Prof. Webster's. The days were 
passing pleasantly. I hunted, fished, rowed on the lake, rode 
and walked with Mrs. Foot, and other members of the family, 
and interchanged visits with our friends, of whom we had 
many in the village. The time was thus passing agreeably, 
when within a few days after our arrival, a little daughter of 
Mr. and Mrs. Webster, named Mariam Foot, after her aunt, 
Mrs. Foot, was taken very ill with a fever. She grew rapidly 
worse, and died in the evening of the 18th of July, and was 
buried in the afternoon of the next day, being Thursday. 



AND COLLATERAL REMINISCENCES. I33 

Mrs. Foot was very fond of this child, and. took the same 
care of it during its illness, as she would, if it had been her 
own. The death of this little namesake deeply affected her. 
On Monday night following, only three days after the burial of 
this child, Mrs. Foot was taken ill with a fever, similar to that 
of which the child died. She continued to grow worse, with, 
however, occasional apparent improvement, till the afternoon 
of Thursday, the 2d of August, when she expired. 

Her death was happy and triumphant. She had the full 
possession of her mind till near the closing of the scene. Her 
religious faith sustained her throughout, and she went to meet 
her God rejoicing. My diary contains many affecting particu- 
lars of her sickness and death, but I shall here only mention 
the leading features of her character. 

She had a bright and active mind, a sound judgment, and 
a remarkably quick, indeed almost intuitive, perception of the 
proprieties of life. Her manners were gentle and winning — 
her taste in music refined, and improved by culture — and her 
mind was well stored with general knowledge. These high 
qualities made her a favorite with all our friends and acquain- 
tances ; wherever she went she made friends. She read a great 
deal, and her reading seemed directed to qualify herself for 
companionship with me. After we removed to New York, she 
devoted herself to learning the French language, and with the 
aid of an instructor, for no object, so far as I could see, but to 
be able to converse in that language with me, and thus aid me 
in keeping up my knowledge of it. But the crowning grace of 
her life was a true, holy, heaven-born, deep, abiding, and ever- 
active Christian spirit. Her duties to her God were never 
neglected. She revered and loved her Saviour, and im- 
proved every opportunity to extend his kingdom on the earth. 
Her heart was full of Christian sympathy. Having no chil- 
dren of her own to rear, she had time and opportunity, which 
she improved, to do much good. Her attention was more par- 
ticularly directed to destitute children, who needed care and 
aid. She had an infant school, composed mainly of poor chil- 
dren in the neighborhood of our residence, which was almost 



134 AUTOBIOGRAPHY 

wholly sustained by her. There were also several in the Or- 
phan Asylum, whom she had interposed to save. But her 
main and unceasing efforts were directed to modify and coun- 
teract my worldly-mindedness, and draw me to my Saviour. 
This she did so gently, so unobtrusively, so judiciously, so 
kindly, that she was an instrument in my Heavenly Father's 
hands, to turn my thoughts heavenward, as my diary shows 
they were. She was my constant and most acceptable com- 
panion. At home, we read, we conversed, we played chess, 
and occasionally backgammon, together. We were always 
glad, Avhen other duties allowed us, to pass our time together. 
We rode, we walked, we traveled together. We also, for sev- 
eral years before her death, prayed in the morning together. 
She was faulty, so far as I observed, but in one particular — she 
was too devoted to me for her own happiness, or usefulness. 
She thought too much of what she could do, to gratify me. 
Over all this, however, when the trial came, her Christian 
faith triumphed, and I will relate our final parting, to show 
my children, more especially my daughters, how a Christian 
wife, affectionate and devoted, can give up her husband on a 
summons from her God. 

I will give our parting as recorded in my diary. In addi- 
tion to several verbal bequests made through her sister, Louisa, 
to members of the family, and among them her Polyglot Bible 
to me, she made several bequests to charitable objects, which 
she Avished me to carry into effect. " Soon after these be- 
quests were made, I came into the room, and asked her if she 
had any requests to make. She repHed that she had made 
them to Louisa, and began to repeat them, but was so feeble 
as not to be able to in full. She then embraced me, and bid 
me farewell, saying, she had had a struggle to resign me. Some 
short time after, I was by her, and she observed her wedding- 
ring upon her finger. Slie took it off, and placed it upon one 
of mine, saying ' There, dear husband, that is the last — I now 
give you up.' " 

She was buried at Geneva, in a leaden coffin. Early the 
next spring her remains were removed to Albany, and interred 



AND COLLATERAL REMINISCENCES. I35 

by the side of those of our little daughter. Over them, I 
erected a suitable monument. After the Albany cemetery was 
established, Mr. Fowler removed the remains of both of them 
with the monument to a lot in that cemetery, which he had 
purchased for the interment of his family, where they now 
(1868) lie. 

I hope to meet her blessed spirit in heaven, where " they 
neither marry, nor are given in marriage." 

An incident occurred at the close of the funeral ceremonies, 
which touched my heart, and will never be forgotten. The 
bearers returned to the house with the mourners, and as they 
came to the door, opened to the right and left and allowed us 
to pass in. 

I close the account in my diary of her death and burial in 
the following words : 

" I have thus parted with my dear, faithful, and devoted wife, 
and if there is truth in God, and God is true, she has gone to 
realms of bliss. Holy and Heavenly Father, I record my thanks 
to thee, that thou hast allowed the beloved companion of my youth 
to part from this world so peacefully, and in a manner so consola- 
tory to her suiwiving relatives. I also thank thee, that thou hast 
sustained me during this severe trial and time of intense suffering, 
and hast consoled me with so many holy and heavenly reflections. 
Let the memory of the death of my dear wife never pass from me, 
but remain a constant light to guide me on the way to heaven." 

To show that Mrs. Foot's character was known and appre- 
ciated by others, the following obituary notice, written by a 
friend, who knew her well, appeared in the New York papers 
a few days after her death : 

OBITUARY. 

Departed this life on the 2d instant, at the residence of her 
brother-in-law, Professor Webster, at Geneva, Ontario County, 
Mrs. Mariam Foot, consort of Samuel A. Foot, Esquire, of this city. 
Mr. F. and lady left New York for the West early in July last, in 
perfect health. After spending a few days at Geneva, she was 



136 AUTOBIOGRAPHY 

seized witli a bilious intermittent fever, which in twelve days ter- 
minated fatally. The many excellent qualities of Mrs. Foot had 
endeared her to a numerous circle during her residence among us. 
Her active charities and unaffected piety will long shed a delight- 
ful fragrance upon her memory, and endear it to her bereaved rela- 
tives and friends. The select few who knew and justly appreciated 
her unostentatious benevolence, and ardent zeal in the cause of pure 
and undefiled religion, will long revere her unpretending virtue 
and deprecate her sudden withdrawal from a life scrupulously de- 
voted to usefulness, and strikingly displaying the Christian graces. 
It will be consoling to the numerous friends and admirers of this 
estimable lady to know that, her last moments were peculiarly 
marked by calmness and resignation — portraying at that trying 
hour, as she illustrated throughout her valuable life, a strong faith 
and holy confidence in the merits of a blessed Redeemer. 

The Polyglot Bible she gave me, and which I used daily till 
impaired vision rendered larger print necessary, now (1868) 
stands in my library by the side of her pocket hymn-book, and 
where they will stand as long as I live. A pretty musical 
box, she gave me the year before she died, and which your 
dear mother had repaired and put in order for me some years 
ago, has always been and still is in a drawer in the table in my 
library, at which I read and write. It has occasionally played 
" Aukl Lang Syne " and " The Merry Swiss Boy," which are 
the only tunes with variations it can play. 

The influence which this faithful and devoted wife exerted 
over me for good in my early manhood, should be appreciated 
by my children ; for they and their dear mother received the 
benefit of it in after years, for thereby 1 was made a better 
husband, and a better father. 

While the examination of the students of the college was 
progressing, at the close of the term preceding the commence- 
ment, I frequently attended, and occasionally put some ques- 
tions. 

Mrs. Foot, early in the day before her death, appeared 
somewhat better, and I went to the church and delivered the 
address I had written. This address was received with unex- 



AND COLLATERAL REMINISCENCES. I37 

pected favor. The first edition liaving Leen exhausted, a 
second and larger one was printed and sold. It is No. 16 of 
" Papers Written by me." There are appended to it, the 
notices taken of it in the public journals and periodicals. In 
addition to these, I received a large number of complimentary 
notices of it in letters from friends. 

One from the Hon, R. H, Walworth, late Chancellor of 
this state, will be found in a note at the foot of this page. He 
has now (March, 1868) gone to liis rest and reward. His ser- 
vices as Judge and Chancellor of this state were long and 
valuable. His decisions and opinions as Chancellor fill no less 
than fourteen volumes of reports. They deservedly rank 
among the ablest and most reliable in this country. They 
show just what he says in his letter, and what he has often 
said to me in social intercourse, (for we were intimate friends, 
as I have before stated, from early manhood), that he con- 
stantly felt the want of an early and thorough education. His 
opinion on that subject is entitled to the highest resjject. 



AxBANT, August 31st, 1832. 
Dear Sir : 

I have just finished the perusal of your address delivered before the 
societies of Geneva College, ■with which I confess I am highly gratified. 
Having through life most deeply felt the want of an early and classical 
education, whiicli appears to be as essential to the attainment of highly 
interesting and persuasive colloquial powers, as to the acquisition of the 
art of good public speaking, I can fully appreciate the advantages to be 
derived from the possession of the forensic talent, as well as the latter. I 
am also well satisfied that conversational talent, though generally suj)- 
posed to be the peculiar gift of nature, is not such in reality ; that it may 
be acquired with comparative ease by a proper course of instruction in 
our primary schools and other seminaries of learning ; and much may be 
done in tlie social family circle by a little attention to the subject by well 
educated parents. As but fev/ children among us, however, can have 
the benefit of the latter mode of instruction, it becomes the more impor- 
tant, that those, who are intrusted with the education of our youth of 
either sex, should qualify themselves for the task of cultivating conver- 
sational talent among their pupils. 



138 AUTOBIOGRAPHY 

I remained in Geneva till the 5tli of September. My 
friends were kind and attentive. They warmly sympathized 
with me in my bereavement, and I enjoyed and was consoled 
by their society. My time was passed in social intercom-se, 
riding, walking, occasionally rowing on the lake, and reading 
— mostly in my Bible and books of a religious character ; while 
there I superintended the printing of my address, which the 
societies before whom it was delivered had decided to jjublish, 
and requested of me a copy for that purpose. The manner of 
passing portions of my time and the current of my thoughts 
during this month at Geneva, will appear by and by when 
giving an account of my religious exercises. 

Mr. and Mrs. Fowler, their daughters, Louisa and Mary, 
and I, left Geneva in carriages on the morning of the 5th of 
September for Albany. We went by an interior route, through 
Ithaca, Green, Unadilla, Cooperstown, Cherry Valley, and 
Schoharie to Albany, where we arrived on the 12th of Sep- 
tember. 

This journey was through an interesting portion of our 
state, not often visited by travelers. My children will find a 
full account of it in my diary. I turned out of our way in 
Chenango County to visit an only surviving paternal uncle, 
but unfortunately, he was from home on a visit. I, however, 
saw his daughter, my cousin, and her children. 

After remaining a few days in Albany, I went to New York 
on the 16th of September, and on the previous invitation of a 
friend, who met me on the dock on the arrival of the boat, I 
went to his house and remained with him and his family till 
the 20th, when I returned to Albany. While in the city 
many of my friends called upon me, and I went daily to my 
ofSce and paid some attention to business. I went once with 
my friend to my own house, and walked through it, feeling 
deeply the absence and loss of Mrs. Foot. 

I remained in Albany only a couple of days, and then re- 
turned to the city, and took possession of my own house. M}'- 
sister-in-law, Louisa, came with me, and in a few days her 



AND COLLATERAL REMINISCENCES. 139 

mother came. They remained with me till the 8th of Octo- 
ber, Avhen they returned to Albany. 

My nej)hew and partner, Henry E. Davies, on my invita- 
tion, became a member of my family, when I resumed the oc- 
cupation of my house. When that occurred, I again devoted 
myself to my profession. My time from then to the end of 
the year was mainly given to it, and in the city. I went to 
Albany, however, on business four times, viz., on the 4th of 
October, 22d of November, 6th and 19th of December ; but 
each time to argue a single cause, and was consequently de- 
tained only a day or two on each occasion. 

I received a good many visits from friends, and visited 
occasionally those Avith whom I was most intimate. My daily 
exercise was walking on the Battery, when the weather would 
allow, and generally alone, though I sometimes met friends 
there, and walked and conversed with them. My sister, Mrs. 
Scovill, made me a visit of eight or ten days at the end of 
October and beginning of November. While she was with me, 
I allowed myself a respite from professional labor from the 2d 
to the 7th of November, on a visit to our relatives at West 
Point and Albany. 

Politics still engaged my attention to a limited extent 
Before going to Geneva, and after my return, I maintained an 
active correspondence with prominent members of our party. 
Copies of some of my letters to them, and some of their letters 
to me, are among my letters of this year. I also often attended 
in the evening small meetings of political friends in the city 
for consultation. 

I will now give an account of my spiritual exercises and 
progress, that my dear children may see, how gradually, yet 
how steadily and effectively, and by what instrumentality, the 
spirit of my God wrought a change in my heart, and brought 
me into the fold of the divine Shepherd. This account will be 
given from entries made in my diary as my progress advanced. 

The following entries, in addition to those before given in 
this biography, will show the state of my religious feelings be- 
fore leavins: New York for Geneva : 



140 AUTOBIOGRAPHY 

April loth, Sunday. After giving an account of the manner 
of spending tlie day. — " On the whole, I passed the Sabbath in a 
better manner than usual, and I return thanks to my Heavenly 
Father for leading me to a consideration and examination of those 
things, which relate to my future destiny." 

May 13th, Sunday. After an account of the way in which the 
Sabbath was spent, in which I mention that my thoughts in 
church "wandered from the duties of the day to the topic of my 
intended address at Geneva," I say — " The day was poorly spent, 
and the record of it shows me, how miserably devoted I am to the 
concerns of this life. I hope my Heavenly Father will have mercy 
and forgive me for my Redeemer's sake." 

May 28th, Monday. — "I began my address this evening, and I 
pray my Heavenly Father to smile upon and bless this attempt at 
usefulness in a new sphere." 

August 3d, Friday. The day after Mrs. Foot's death. — " Last 
evening at my own request I made a prayer before the family, and 
with God's blessing, I hope to make such preparation as will en- 
able me to die as my beloved wife did, at peace with God and 
man. * * * The Eev. Henry Dwight, of this village, came in 
this evening and conversed nearly two hours with me, on the sub- 
ject of redemption by the Saviour. He j^resented it in several new 
lights to me, and made my dear Eedeemer appear more precious 
than my own previous reflections had done, and also the plan of 
salvation more reasonable and consistent with the principles of 
criminal law, than I had been in the habit before of regarding it. 
Indeed, I had never tried to test it in that Avay. I this morning 
again made a jirayer in the presence of the family." 

August 4th, Saturday. — " The morning of this day was passed 
by reading in the Bible given me by my dear Mariam, reflecting 
on her memory and topics allied to it. * * * After dinner I 
took a long stroll in the woods, and most of my reflections were 
directed to the memory of my departed wife, and to my Christian 
hopes. * * * I made the prayer for the evening." 

August 5th, Sunday. — '• This morning I commenced, what I in- 
tended to pursue, and shall note any material departure from it, 
viz., to read a chapter in the little Polyglot Bible left to me by my 
dear departed wife, and offer a silent prayer. I did the same be- 
fore going to rest last night, but to this I shall not probably adhere 



AND COLLATERAL REMINISCENCES. 141 

SO steadily, as the fatigues of the day and evening, and the engross- 
ment of my mind with business may render it often at night in an 
unfit frame for sucli a duty." 

August 17tli. — " This is the anniyersary of my wedding. Four- 
teen years ago to-day, Mrs. Foot and I were married. We had 
nearly fourteen years of happiness and prosperity. She died only 
fifteen days short of this time. I thank my Heavenly Father for 
his goodness in this respect, and entreat that He will not leave me 
nor forsake me in my loneliness, but for Christ's sake pardon and 
receive me, and guide and direct me in all my ways." 

August 26th, Sunday. — " I passed the day only tolerably well. 
My thoughts would steal from heavenly objects to earthly ones. I 
pray my Heavenly Father to forgive me for this abuse of his holy 
day, for my Eedeemei-'s sake. * * * I commenced some days 
since, as I mentioned, regular reading of the Bible in the morning. 
I find it most happy for me, and have added to it. Jay's Exercises, 
which are excellent." 

September 23d, Sunday. — " The sacrament of the Lord's sup- 
per was administered in our church this morning. In the course 
of the exercises, Dr. Phillips alluded affectionately and comph- 
mentarily to my dear Mariam. This Sabbath has been passed by 
me better than any previous one. My thoughts were generally 
right, while at home, and pure and holy while in church." 

September 24th, Monday. — " Read in the Bible and Jay's Exer- 
cises, in company with Louisa, also prayers Avith her. * * * In 
this manner I intend to spend all my mornings as long as she re- 
mains with me." 

September 25th, Tuesday. — " This evening, for the first time in 
my life, I read a chapter and made a prayer with Louisa before go- 
ing to rest." 

October 14th, Sunday. — "Came to a conclusion yesterday, to 
read the Old Testament through carefully. Read the first chapter 
of Genesis this morning, and Scott's notes upon it." 

October 21st, Sunday. After an account of the manner of 
spending the day. — " At the close of the evening, my love for my 
Saviour was more sensible to me than ever before." 

November 28th, Wednesday. — " The evening was spent in con- 
versation with Dr. Phillips, who passed it Avith me by appointment. 
Our conversation was interesting." 



142 AUTOBIOGRAPHY 

December 4th, Tuesday. — "Called by appointment on Dr. 
Phillips, and expressed to him my desire to join the church on the 
next Sabbath. He is to propose me to the session to-morrow. 
This is an important step, and I fear too hastily taken, though it 
has occupied my thoughts at times for years. I trust in the atone- 
ment of my dear Eedeemer, and rely upon Him to sustain me. 

my Heavenly Father, wilt thou not leave me, nor forsake me, 
nor let me dishonor thy cause ; and when thy will is done as to 
me here below, take me to thy mansion in heaven, for Christ's 
sake." 

December 9th, Sunday. — " I joined the church this day, and for 
the first time partook of the Lord's supper. God, help me to 
carry myself through life as becomes one of thy avowed children. 

1 j)lace my trust on thee and in the merits of my dear Eedeemer." 

My sister-in-law, Louisa Fowler, now (1868) Mrs. Bartlett, 
of Boston, Mass., a lady of talent and piety, and was so in the 
year 1832. She was of great service to me in directing my 
thoughts heavenward after her sister's death. 

The following entry was added to my diary at the close of 
the year : 

" I ought to add, that my sister-in-law, Louisa Fowler, has been 
a sincere friend, and faithful counsellor to me since the death of 
my dear Mariam, and an efficient instrument, under God, in bring- 
ing me into his visible church. For this I feel grateful to her, and 
here record my thanks." 

December 17th, Monday. My birthday. — "I have passed this 
day better than usual. My thoughts have been usefully employed 
during almost the whole of it. It is my birthday, and I have re- 
solved on a better use of my time, talents, and information. Last 
night I commenced prayers before all my family, and, God will- 
ing, shall continue them. I commenced this day my forty-third 
year. Wliat a long and unprofitable life I have led." 

December 31st, Monday. — " This day finishes another year. 
The manner in which I have spent it, and the scenes through 
which I have passed, are recorded in this diary. While my Heav- 
enly Father has sorely afflicted me. He has been most merciful, 
and thanks be to his name, for having called me into his spiritual 



AND COLLATERAL REMINISCENCES. I43 

family, and led me to hope, that I shall have the holy and inde- 
scribable pleasure of meeting my dear wife and daughter in His 
Heavenly mansions. I pray God to forgive my numerous offences 
during the past year, and preserve me from evil during the coming 
one, for Christ's sake." 

With all the sanctifying influences above described, sur- 
rounding me, and pressing me into a holy and useful life, I yet 
was flir from reaching the true standard of Christian duty, as 
the following entries in my diary will show : 

September 2d, Sunday. — " I read some during the day, but on 
the whole it was not spent as it ought to have been. I Avill, if my 
life is spared, spend the next Sabbath in a more becoming man- 
ner," 

November 13th, Tuesday. — " I have latterly passed, or rather 
wasted, a great deal of time in idle musing, which I must and will 
correct." 

November 26th, Monday. — " From this day forward, I am re- 
solved to be more self-denying in respect to my food, and, indeed, 
to be temperate in all things." 

December 23d, Sunday. — "The day was tolerably well spent. 
I was beset frequently with vain and idle thoughts. I pray my 
Heavenly Father to give me grace, and the powerful influence of 
the Spirit to subdue this besetting propensity." 



1833. 

My professional engagements this year were similar in 
character to those of the previous year or two. Whatever 
change there was, consisted in their increased importance. 
They occupied about the same amount of my time. They 
were confined mainly to the city, yet took me more frequently 
to Albany, and kept me there longer than in the previous 
year, and once to Saratoga Springs, before the Chancellor, at 
his residence. 

My social duties and enjoyments occupied a considerable 
portion of my time. My relatives and a few intimate friends 



144 AUTOBIOGRAPHY 

out of the city visited me and lodged at my house^ more than 
usual. A few of my most intimate friends in the city, both 
ladies and gentlemen, occasionally dined, took tea, or passed 
an evening with me ; but my principal visiting was with my 
friends in the city at their residences. They ^vere very kind 
and attentive to me. While I attended no large parties, I 
often dined, took tea, and passed social hours and evenings 
with them. All these visits are mentioned in my diary, and if 
my children look at them, they will see, that my associations 
were of the best kind ; and they will also see, that to some ex- 
tent, they were this year of a religious character. 

On Monday evening, the 11th of February, I called to see 
your aunt Eliza, having previously become acquainted with 
her. She introduced me to her father, and the members of his 
fiimily. Among them, was her sister, Jane, your dear mother. 
This was the commencement of an acquaintance which ripened 
into an attachment, and w^as crowned with uninterrupted con- 
nubial happiness for thirty-two years and upwards. Before 
this introduction to your mother, I had noticed her often at 
church, where her lady-like bearing and pleasant expression of 
face had attracted my attention. 

Latin and French received no attention from me as studies 
this year. My mornings were passed in the manner hereinbe- 
fore stated. 

Politics took up but little of my time. Anti- Masonry had 
accomplished its main object, viz., the destruction of Masonry 
as then organized, and did not furnish a basis, or object, for a 
continued and successful national party. 

The colonizing of the free peojDle of color continued to in- 
terest me. I attended the meetings of the managers of the 
society, and gave the enterprise what aid I could. 

Being always a lover of music, singing became, after I 
united with the church, one of the most agreeable and accepta- 
ble parts of worship, and I earnestly desired to be able to en- 
gage in it. Although without any natural adaptation to the 
performance of music, I yet resolved to make an effort to learn 
to sing, and for that purpose, early in February, employed the 



AND COLLATERAL REMINISCENCES. 145 

chorister of our church to attend me at my house and teach 
me to sing. He did so. I applied myself vigorously to the 
study of music, beginning with the elements. My teacher 
continued his attendance and instruction, whenever I had an 
evening to give him, until the beginning of July, when I left 
the city for my summer's recreation. I acquired a thorough 
knowledge of the rules and principles of music, and succeeded 
in learning to sing several of the tunes which were used in the 
services of our church, but failed to become an adept, and at 
last, had to acknowledge that music was an art beyond my 
power to acquire. 

Early in January, I was invited by "The Mercantile 
Library Association " to deliver a lecture in their winter's 
associate course.* I accepted the invitation. 

The subject on which I was requested to lecture, was 
" The Influence of Mercantile Character on our Political In- 
stitutions." This necessarily led me to inquire what was " True 
Mercantile Character." The subject of my lecture hence became 
"True Mercantile Character, and its Influence on our Political 
Institutions." It was too long to be delivered at one time. 
The first part was delivered on the evening of the 8th, and the 
other on the evening of the 14th of March. The audience was 
large, and the lecture was received with great favor. The 

* This course was announced as follows: — Mercantile Library 
Association. — The directors of this most valuable institution, with a zeal 
and intelligence worthy of their great object, have made arrangements for 
continuing through the coming winter, the lectures that were so numer- 
ously attended, and gave such general satisfaction last year. We under- 
stand that it is their intention this season, in addition to the regular, 
to have an associate course, consisting of two lectures on Mental Phi- 
losophy, by the Hon. G. C. Verplank ; one by Professor Torrey, on Gas 
Illumination ; two by Professor McVickar, on Moral Science ; two on 
Usury, by W. B. Lawrence, Esq. ; one or more by Professor Douglas, on 
Architecture ; and concluding with two discourses by S. A. Foot, Esq.,. 
upon the Influence of Mercantile Character on our Political Institutions. 
Professor Vethake -w-ill deliver the regular course, the subject of which 
will be History. An Introductory Lecture by the Rev. Dr. Matthews, 
will be delivered on Friday. 
10 



146 AUTOBIOGKAPHY 

Association awarded me their thanks.-' The lecture was after- 
wards published at the request of several prominent and 
influential merchants and widely circulated. 

It is No. 17 of " Papers Written by me." Appended to 
it are some notices of it in the public journals. 

Early in January, I was requested to address a public 
meeting, called to aid in circulating the Bible in foreign coun- 
tries. I declined, as I say in my diary, "because I did not 
think it became me to be conspicuous as a professing Chris- 
tian, while as actively engaged as I was in my profession, lest 
I might dishonor my Master's name." A few days afterwards, 
my pastor, the Rev. Dr. Phillips, proposed to me to lead occa- 
sionally in prayer at our prayer meetings ; and early in March 
solicited me to accept an eldership in our church, both of 
which I declined, for the same reason, that had restrained me 
from making public addresses at religious meetings. In all 
this, I greatly erred. More correct views of my duty, and 
probably stronger and more unreserved love for my Saviour 
induced me in subsequent years, freely to take a part in prayer 
meetings, make addresses in religious assemblies, and accept 
an eldership in the church. 

As soon as the canal was opened in the spring, Mrs. Foot's 
remains were removed from Geneva to Albany. My brother- 
in-law, Prof Webster, accompanied them. I met him with 
them some miles west of Schenectady, relieved him of the 

* Their thanks were communicated in the following note : 

New York, April 8th, 1833. 

Samuel A. Foot, Esq. 

Sir : — I have the honor to hand you a copy of a resolution, unani- 
mously adopted at a regular meeting of the Board of Direction of the 
Mercantile Library Association, held at Clinton Hall, April 6th, 1833. 

"Resolved, That the thanks of the Directors be communicated to 
Samuel A. Foot, Esq., for the eloquent and interesting Lectures, recently 
delivered by him, before the members of the Mercantile Library Asso- 
ciation." 

By order, 

James M. Pease, Secretary. 



AND COLLATERAL REMINISCENCES. I47 

charge, and attended them to Albany. They were inteiTed, 
on the 29th of April, by the side of those of our little daugh- 
ter, as I have already mentioned. 

On the 15th of June, I purchased a horse and light buggy 
wagon. Previous to that, my exercise was, as usual, by walk- 
ing on the Battery, generally alone, but occasionally met 
friends there and walked and conversed with them ; but after- 
wards my exercise was divided between walking, and riding, 
e-ther on horseback, or in my wagon. 

On the 3d of July, I went out to Eastchester, and spent a 
couple of days at Mr. Fowler's, to avoid the noise and bustle 
of the city on the 4th, and recreate. I fished and rambled 
over the fields. On the 10th of that month, I left the city in 
my wagon with a servant, for my summer's recreation. My 
first stop was at Eastchester, at Mr. Fowler's, where I staid 
two days, one of which was passed with some friends in the 
neighborhood. From there T crossed over to Grreensburgh, on 
the Hudson river, and spent three days with my friends, Mr. 
and Mrs. Constant, who had a beautiful place on the bank of 
the river. This visit was a very pleasant one. Mr. Constant 
and I spent nearly the whole of one day fishing for trout, and 
with fair success. From Greensburgh, I proceeded up the 
river to Peekskill, stopping at Sing Sing to see the prison. I 
dined there with some friends at the hotel, and after dinner, 
visited my friends. General and Mrs. Aaron Ward. From 
Peekskill I passed through the Highlands to Fishkill. The 
scenery on this ride was impressive. I stopped at Fishkill 
only to dine, and then went down to Fishkill Landing, where 
several of my intimate lady friends from the city, were pass- 
ing the summer at lodgings. I called on them. We took 
a ride to the cascade. After viewing it, we rode to Breakneck 
Point. The ride was charming, and the landscapes magnifi- 
cent. I took tea and spent the evening with them. My diary 
of that day, being Wednesday, the 17th of July, ends as fol- 
lows : 

"The day has been beautiful. I have seen a succession of 
splendid landscapes, and the abundance and fullness of the 



248 AUTOBIOGRAPHY 

earth. Fishkill and the surrounding country are magnificent. 

God, how rich and merciful are thy provisions for thy 
creatures ! " 

I passed another day with these friends at the Landing, 
and visited with them some mutual friends across the river at 
Newburgh. On the morning of the 19th of July, I left Fish- 
kill, proceeded over the hills, across the country to Watertown, 
Conn., to visit my sister Scovill and her husband, and arrived 
there the next day in the afternoon. The residue of the month 
was spent at this, my native place, visiting, receiving visits, 
reading, fishing, riding, walking, and making short excursions 
in the \acinity with my sister and the members of her family. 

On the 1st of August I left Watertown for Albany, and 
arrived there the next day in the afternoon. My stay in Al- 
bany continued till the 12th of August. While there I argued 
a couple of causes, and went up to Saratoga Springs, and 
argued another before the Chancellor at his residence. I also 
superintended the erection of a monument, previously ordered, 
over the remains of Mrs. Foot and our little daughter, and saw 
it completed. 

On leaving Albany, I took leave of Mr. and Mrs. Fowler, 
and said to them, if I did not visit them thereafter as often as 

1 had done, they " must not attribute it to any diminution of 
my interest in, or respect for them." 

I went up to Ballston to visit my nephew, James Edwards, 
and his family, and my niece, Mrs. Booth, her husband and 
family, and remained there till the 23d of August. While 
there, I went up to Corinth to visit my brother in-law, Isaac 
Edwards, and his family, and passed a day with them. 

On the 23d of August, I returned to Albany, spent a few 
hours visiting my relatives, put my horse and wagon, and went 
myself, on board a steamboat, arrived in New York the next 
morning, and " found my family and property all safe, and 
myself in good health." 

My children will find in my diary an account in detail of 
this journey. It closed my recreation for the year, except 
when on my way to Albany on professional business in Novem- 



AND COLLATERAL REMINISCENCES. I49 

ber, I stopped at West Point, and passed a day with my rela- 
tives and friends. 

While passing a few days in Albany on professional busi- 
ness, at the close of October, I attended a temperance meeting 
on the evening of the 31st of that month, at which the duty 
and advantage of signing the temperance pledge were dis- 
cussed. Being convinced that it was my duty to sign the 
pledge, I did so, although I had acted on it for years. 

" The New England Society of New York," this year, cele- 
brated the anniversary of " The Landing of the Pilgrims," on 
the evening of the 23d of December, the 22d being Sunday. 
I attended, became a member of the Society, and to my sur- 
prise, was that evening elected their first Vice-President. The 
President being absent, I presided at the dinner, and for the 
first time in my life asked a blessing in public. In response 
to a complimentary toast, I delivered a short address. 

My deficiencies as a Christian seemed to me this year to 
have increased, but whether they did so in fact, or not, they 
certainly became more apparent to me. I often deplored them, 
prayed earnestly for forgiveness, and for divine aid in living a 
holier and better life. My greatest delinquencies seemed to 
be in keeping the Sabbath holy. Only a very few of my Sab- 
baths w^ere satisfactorily spent. Yet there were times, when 
communion with my God was near, sweet and refreshing to 
my spirit, and when my love for my Saviour was ardent and 
absorbing. My spiritual life was a constant conflict, in which 
the natural evil of my heart, and my worldly-mindedness, re- 
sisted all holy influences, and so efiectually, as sometimes to 
lead me to fear, that I had not been " bom again." 

The entries in my diary, which were faithfully made, will 
show all this. I will give a few of them : 

January 20th, Sunday. After a statement of the manner in 
which the day had been spent. — '' I find that I draw nearer to my 
God and Saviour, and take greater pleasure in His service. For 
this I thank my Heavenly Father." 

January 27th, Sunday. After stating the manner of spending 
the day. — " My thoughts were not devoted to the duties of the day 



150 AUTOBIOGRAPHY 

» 
as they ought to have been. I have to throw myself on this, as on 
other occasions, upon the mercy of my Heavenly Father, and the 
merits of my Eedeemer." 

February 17th, Sunday. After an account of the day. — " Spent 
the Sal)bath better than I have for some time before, though by 
no means as well as I could wish." 

May 4th, Saturday. — On my return from Albany, where I 
went near the end of April, to receive the remains of Mrs. 
Foot on their amval from Geneva, and attend them on their 
re-interment, I stopped at West Point a couple of days with 
my relatives and friends, and reached home on the morning of 
the 4th of May. My diary of that day closes as follows : 

" For the preservation of my health, the continuance of my life, 
being permitted to enjoy the society of my friends and relatives, 
and return in peace to my home, I thank my Heavenly Father, 
and pray Him, for my Saviour's sake, to forgive all my oflFences." 

July 10th, Wednesday. — " On leaving home to-day, I saw many 
evidences of the value I am to my business friends and others. I 
thank my Heavenly Father for the many favors he has bestowed 
on me ; desire to commit myself unreservedly to Him, and pray 
Him, for my Saviour's sake, to watch over me, pardon and finally 
accept of me." 

August 3d, Friday. The first anniversary of Mrs. Foot's death. 
— " My thoughts and reflections during this day were pure, and as 
they ought to be, most of the time. They were often directed to 
the memory of my Mariam. I thank my kind and Heavenly 
Father, that He has carried me through a year of loneliness, and 
deep suffering a portion of the time, without permitting any serious 
misfortune to assail me. I entreat Him, for my Saviour's sake, to 
forgive my many oflFences, and continue His care and protection 
over me." 

September 22d, Sunday. Will give the whole of my exercises 
this day : 

" This day was one of special service in our church. The com- 
munion was administered. I had deep apprehensions of my un- 
worthiness, but in the course of the day had clearer views of my 
Redeemer's offices than ever before. The day was devoted to 



AND COLLATERAL REMINISCENCES. I51 

reading and reflections suitable to it. I was disturbed by worldly 
thoughts crowding in upou me, but on the whole, was gi'catly 
benefited by the services of the day." 

October 20th, Sunday. Will give the day in part. — " The cause 
in which I was engaged the three last days of last week not being 
through, it rested on my mind and kept the subjects pecuhar to 
the day out of it more than usual. I pray my God, for my 
Saviour's sake, to forgive me this violation of his commandment, 
" to keep the day holy." 

December 22d, Sunday. After a fall account of the way in 
which the day was spent, I say : — " Thus it appears, that I have 
spent this Sabbath better than I have done before to my recollec- 
tion, and I thank my God for it." 

December 31st, Tuesday. — "This day ends another of my 
years. It has been filled with mercies to me, and sins by me. It 
has taught me more fully the weakness and wickedness of my 
lieart, and led me to more fixed resolutions for amendment. It 
has also been full of incidents, which have taught me the goodness 
and supervision of my God. I thank Him for his mercies and 
goodness, and pray Him to take me more wholly to Himself, for 
my Kedeemer's sake." 

I will conclude this year with some entries in my diary, 
showing my efforts for amendment. 

August 18th, Sunday. — Was at Ballston, and heard an 
able sermon from Mr. McMasters. It led me to reflection, 
and the following entry in my diary : 

" My last year has been in many respects unsatisfactory to me. 
Many hours have been most unprofitably spent. I shall endeavor 
to amend in this respect, and when I return to my dwelling, hope, 
that with God's blessing, I may live more in accordance with his 
word." 

August 25th, Sunday. After mentioning that I had taken a 
short nap in the intermission, I say : — " This practice of sleeping 
in the daytime, I am resolved to overcome." 

December 17th, Tuesday. My birthday. — "This being my 
birthday, I have given considerable reflection to my course of life, 
and find too much to condemn. My deficiencies almost overwhelm 
me. Once more, with God's help, I solemnly resolve to amend. 



152 AUTOBIOGRAPHY 

my Heavenly Father, do not enter into judgment with me, but 
give me thy grace and aid to amend my life. I ask it for thy dear 
Son's sake." 



1834. 

This year was distinguished by an event, which laid the 
foundation of the family of which, my children, you are mem- 
bers. That event was ray marriage with your mother, on 
Tuesday, the 1st day of July. Some other less marked events 
occurred during the year, but which, nevertheless, had their 
influence on my character and usefulness. Prominent among 
them was the overcoming of my reluctance to address public 
assemblies on religious topics. All these events will be men- 
tioned in this account of the year. 

My time in the city was spent, mainly, as in the preceding 
year, and divided nearly in the same proportions between my 
profession, social duties, and general reading. My social 
duties, after your mother and I returned from our wedding 
tour and commenced life together in the city, required some 
more of my time than theretofore, as our circle of friends and 
relatives were increased by the addition of hers to mine. 

Professional engagements took me from the city only three 
times during the year. Twice to Albany, from January 8th 
to February 1st, and from November 22d to December 2d, and 
once to Poughkeepsie, from the 18th to the 25th of October. 

A few duties, which partook somewhat of the character of 
public trusts, took up some portion of my time this year. I 
was on a committee in February to prepare a new constitution 
and body of by-laws for the New England Society. 1 drew 
them and reported the by-laws to a meeting of the officers of 
the Society, on the evening of the 4th of March, when they 
were adopted. The officers supped together that evening. I 
presided, the President being absent, and asked a blessing, 
saying "as we claimed to be descendants of the Pilgrims, we 
would not neglect the best part of their example." In the 



AND COLLATERAL REMINISCENCES. I53 

course of the evening, I delivered a short address. In Decem- 
ber, I was chairman of a committee of arrangements of that 
Society, for the annual celebration and dinner on the 22d of 
that month. The toasts and letter of invitation to guests were 
written by me. 

To give my children a true type of New England senti- 
ments at that time, I have placed among " Papers Written by 
me," a copy of the toasts and letter of invitation, and added 
answers to the invitation from ex-Presidents James Madison 
and John Q. Adams, Chief Justice Shaw, and Daniel Webster. 
They are No. 18 of " Papers Written by me." 

I was elected a trustee of our church, accepted the trust 
and entered upon its duties on the 16th of May. Our church 
edifice was destroyed by fire on the evening of the 13th of 
September. The erection of a new one required the time and 
attention of the trustees. I attended their meetings, some of 
which were held at my office. 

The managers of the City Colonization Society, having de- 
termined in February to issue an address to the public, I was 
requested to prepare one, and was appointed chairman of a 
committee for that purpose. I wrote one and read it to the 
Board of Managers on the evening of the 17th of February. 
They adopted it unanimously. It was signed by the Presi- 
dent and Secretary of the Society, and published in jiamphlet 
form. The Board introduced it to the public by the following 
preliminary statement : 

" At the same meeting, (a meeting held to establish a new Set- 
tlement in Liberia, to be called " New York "), Samuel A. Foot, 
Esq., from a committee previously appointed for the iiui-pose of re- 
porting the draft of an Address to the public, on the subject of tlie 
affairs of the parent society at Washington, and the operations of 
this society, both present and in j)rospect, made the following 
report on those subjects, which was read, and unanimously 
adopted." 

This address is No. 19 of " Papers Written by me." 



154 AUTOBIOGRAPHY 

Subsequently, and on the 26th of February, a public meet- 
ing of citizens friendly to the colonization cause was held, at 
which I took a prominent part. 

The following is the account which the Society published 
of the part I took : 

" Samuel A. Foot, Esq., then offered the following resolution : 

"Resolved, That this meeting approve the principles upon 
which the proposed new colony is to be founded, the direct ten- 
dency of which will be, to rear a temperate, religious, and agricul- 
tural community. 

" Mr. Foot, in support of this resolution, proceeded to state the 
principles upon which the society had determined to found the 
contemplated colony, and the particulars in which they differed 
from those, which had heretofore been followed by the parent 
society: 

'-First. In respect to the character of the emigrants. The parent 
society for many reasons had not been able always to exclude 
from Liberia, every person, who was not well qualified for estab- 
lishing a new settlement in a pagan land ; and consequently, too 
many persons of idle habits and loose principles had found their 
way to the colony. And although they were not suflBciently 
numerous, materially to retard the prosperity and usefulness of the 
colony, yet the effect of colonization in Africa would have been 
more benign on the surrounding population, if fewer persons of 
this description had been admitted into the colony. This disad- 
vantage the New York society had resolved to overcome, and per- 
mit no person to enter their colony, wJiose moral character was not 
unquestioned and above reproach, and as far as they were able, 
they intended to procure emigrants of religious principles. 

" Second. In respect to temperance. The parent society had 
not been able, heretofore, to insist, as a rule, that no person of in- 
temperate habits should emigrate to their colony, nor enforce a 
prohibition against a traffic in ardent spirits. The importance of 
rigid regulations on this subject had now become apparent, and 
it was believed to be the determination of the general society here- 
after, to enforce strict rules in respect to the habits of emigrants, 
and the traffic in ardent spirits. 



AND COLLATERAL REMINISCENCES. I55 

" But the New York society, beginning a new settlement, with 
the advantage of the experience of the parent society, had deter- 
mined not to admit an adult into it, who ivas not avowedly an 
advocate and inadiser of temperance. 

" Third. In respect to dwelhngs and the provision for emi- 
grants on their arrival in Africa. 

" It had been customary, heretofore, to place the whole of any 
company of emigrants, who should arrive in a ship, in a large 
building, to undergo their seasoning, where they were fed, and the 
sick nursed and provided with medical aid at the public expense, 
and Avhere they were permitted to remain six months, before they 
took possession of their own residences. It is beheved to be a de- 
cided improvement on this plan, to provide each family, before 
their arrival in Africa, with a separate residence, and allow them 
there to attend upon each other, and if they shall require it, give 
them there such assistance as they may need. 

" The colony already established in Africa is more commercial 
in its character, than is supposed is most beneficial for the emi- 
grants, or the neighboring population. It is therefore intended, 
and, indeed, resolved upon by the New York society, to give 
their colony a decided agricultural cast, and to make agriculture 
the controlling, and almost the exclusive, occupation of their 
colonists. 

" With these views, they intend to send out this spring, a com- 
pany of pioneers to survey and mark the boundaries of their 
colony, — divide a section of it into farms of a convenient size, and 
erect dwellings, and make other suitable arrangements for the re- 
ception of emigrants in the fall, — provided their plan meets the 
approbation of their fellow-citizens, and they are furnished with 
means to caiTy it into execution. 

" Mr. Foot presented several more outlines of the measures 
which the society intended to pursue, and of the benefits which 
they expected would follow them, — and particularly called the at- 
tention of the meeting to the benefits which an agricultural, moral, 
and religious community in Africa would confer upon that un- 
happy continent, and also on the more enlightened and elevated 
portion of the people of color in this country, as it would open a 
field for the exertion of their talents, and the enjoyment, in free- 
dom and independence, of the fi-uits of their industry. But we 



156 AUTOBIOGRAPHY 

have not room for a full statement of all the subjects to which he 
drew the attention of the meeting. 

" The resolution offered by Mr. Foot was adopted," 

At the earnest request of the Rev. John Breckinridge, who 
was the corresponding secretary and general agent of the 
Board of Education of the Presbyterian church, I consented 
to deliver an address at the anniversary of the Board, to be 
held in New York, on the 6th of May, and did so. 

An outline of tliis address is No. 20 of " Papers Written 
by me." To it is appended a letter from Mr. Breckinridge, 
showing his opinion of it, and urging a copy for publication, 
which I declined. 

In compliance with a request from the managers of the 
American Bible Society, I delivered an address at the anniver- 
sary of that society, held in New York on the 8th of May. 

I furnished a copy substantially of this address, for inser- 
tion in the account given and published by the society of the 
proceedings at this anniversary, which was printed in pam- 
phlet form and widely circulated. 

It is No. 21 of " Papers Written by me." 

My exercise this year, as last, was by walking on the Bat- 
tery and riding on horseback, or in my wagon. During the 
spring, I visited your mother often — rode with her occasionally 
before, and frequently after, our engagement, which occurred 
on the 31st of May. Your mother was reluctant to marry so 
soon as one month after our engagement, but July and August 
were the only months I could spare for a wedding tour. My 
health also required cessation from business and recreation 
during those months. Under these circumstances your mother 
yielded to my wishes, and we were married, as already men- 
tioned, on the 1st of July. Our pastor, the Rev. Dr. W. W. 
Phillips, married us. Your mother and her family being in 
mourning, we had a quiet, unostentatious wedding. Only the 
relatives on each side, and a few intimate friends were present. 
The following is my diurnal record : " All things passed off 
agreeably. Henry (my nephew, H. E. Davies), stood by me, 
and Eliza (your aunt Eliza), by her sister. I felt sincere 



AND COLLATERAL REMINISCENCES. 157 

gratitude to God for his goodness, and prayed, I hope accepta- 
bly, for support, protection, and his continued blessing," 

At 12 o'clock M. we left the city on our wedding tour, in- 
tending as the culminating point of it, a visit to my sister. 
Lane, and her family at Lawrenceburgh, Indiana, and the 
White Sulphur Springs in Virginia, our first prolonged resting- 
place. Mrs. Foot's sister, Eliza, her cousin, Sally Duyckinck, 
my sister-in-law, Louisa Fowler, and my friend, Lieutenant- 
Colonel Lucien B. Webster, U. S. A., were to accompany us to 
these Springs. We went the first day to Philadelphia. My 
nephews. Prof. Charles Davies and Henry E. Davies, and my 
brother-in-law, Rev. Philemon H. Fowler, accompanied us to 
Philadelphia. We spent the next day there, a happy party, 
enjoying each other's society, visiting and receiving visits from 
a few friends, and looking at some objects of interest. The 
next morning, Thursday, the 3d of July, the party bound for 
the White Sulphur Springs, took leave of my nephews and 
brother-in-law, and left Philadelj)hia for Baltimore, where we 
arrived in time to dine. After dinner and some rest, we took 
a walk to Washington's Monument, ascended it, and enjoyed 
the views from it. 

The following are extracts from my diary of the day : 

" We had a charming day. Our sail down the Delaware bay, 
and our ride on the railroad from Newcastle to Frenchtown were 
delightful. Our sail down the Chesapeake bay was pleasant, al- 
though the heat, for a short time, was rather oppressive. Inde- 
pendent of that, it was agreeable throughout. After we entered 
Patapsco river, there came up a heavy thunder-shower, which 
cooled the air, and gave variety and magnificence to the scene. 
There are few displays of the power and goodness of the Creator, 
which surpass in impressive grandeur such a shower. It ceased in 
time for us to to see the approach to Baltimore. * * * ^j^ g^^_ 
tempt to describe the various objects, presented in the difierent 
views (from the top of the monument) would require a book. Suf- 
fice to say, that they furnished us with a great variety of water 
and laud scenery, and an imposing display of the works of God 
and man. * * * How abundant arc the mercies of our God 



158 AUTOBIOGRAPHY 

in so prospering us, as to give ns the means of journeying through 
tliis gi'eat country, and in the society of dear relatives and friends, 
thus meeting with frequent opportunities for improving our knowl- 
edge, and receiving the highest of earthly pleasures." 

We sj)ent the next day till near the close of the afternoon 
at Baltimore. We then left and rode on the railway to Elli- 
cott's Mills, where we lodged that night. The day was happily 
spent. After breakfast we went to the Koman Catholic 
Cathedral, and passed some hours looking at a couple of im- 
pressive paintings, and listening to some charming music. I 
wrote several letters. We had an interesting dinner. It be- 
ing the anniversary of our national independence, Misses 
Duyckinck and Fowler prepared some excellent toasts, which 
we drank. Some volunteers were also given and duly honored. 
Our ride to EUicott's Mills was along the bank of the Patapsco 
river, which presented a succession of beautiful views. The 
scenery was not bold, yet pleasing. 

My diurnal record closes as follows : " After tea we passed 
the evening in conversation and music. Most of the latter 
was sacred, and to me touching and impressive. We were all 
in excellent spirits the whole day." 

The next day we j^assed through the valleys of the Pa- 
tapsco, Monocacy, and Potomac rivers to Harpers Ferry. We 
went by railroad to Point of Kocks on the bank of the Poto- 
mac, where we dined, and from there on the canal. The day 
was beautiful and our journey a pleasant one. The scenery to 
the Potomac waa picturesque, and along it to Harpers Ferry, 
bold and magnificent. We passed the next day (Sabbath) at 
the Ferry. Soon after breakfast, we took books and some re- 
freshments, crossed the Shenandoah river, found a shady place 
by the side of a spring, and there spent the day till 1 o'clock 
P.M. in religious exercises. Near the close of the afternoon, 
we walked and conversed ; we went to the point of land at 
the junction of the Potomac and Shenandoah rivers. The 
views from there are grand and imposing. The Kev. K. R. 
Gurley, with whom I was acquainted, joined us in the after- 
noon, and spent the evening with us. The next morning we 



AND COLLATERAL REMINISCENCES. I59 

left Harper's Ferry in a carriage, and proceeded south-westerly 
through the Shenandoah valley to Staunton. We lodged the 
first night at Middletown, the next one at Harrisonburg, and 
reached Staunton in the afternoon of the third day, Wednes- 
day, the 9th of July. The ride through this valley was pleas- 
ant and interesting, with one exception, and that was, the 
badness of the road. The land is fertile, and was highly 
cultivated. The Blue Ridge on the east, and the Alleghany 
mountains on the west, were in sight nearly all the way, and 
presented impressive views. 

We remained in Staunton till the next morning. When 
that came, our traveling companions started early for the 
White Sulphur Springs by the way of Lexington, Fincastle, 
and the Sweet Springs, taking the Natural Bridge in their 
route. Mrs. Foot and I, later in the morning, left Staunton for 
the same destination by the main western route. We reached 
the Warm Springs at sundown, remained over night, and 
bathed in this inimitable and wonderful natural warm bath. 
I made the following diurnal record of this day : " The ride 
this day was in all respects delightful. The scenery was bold 
and impressive, particularly over the Warm Spring mountain. 
It surpassed any, either of us had ever seen. When near the 
top of the mountain, the distant view was like that of the 
ocean in commotion, and reduced in that state to a solid. 
This idea was given us by Judge Cabell, of Richmond, Va., 
who, as well as Chapman Johnson, were our fellow-travelers. 
We found them as interesting companions, as we knew them 
to be distinguished for their talents and virtues," 

The next day, with the same traveling companions, and 
some others, also intelligent and agreeable, we started early, 
crossed Alleghany mountains, and arrived at the White Sul- 
phur Springs in time to dine. The scenery was still bold and 
impressive, and our ride delightful. 

Through the kindness of Judge Cabell, we were furnished 
with good quarters. He also introduced us to some agreeable 
acquaintances. At the close of this day's diary, I say : 



IQQ AUTOBIOGRAPHY- 

" Our journey thus far has been most interesting and free 
from any known peril. We would give thanks to our God for 
his care and preservation of our lives and health, and pray 
him to take us into close communion with him." 

Our friends and relatives arrived the next day (Saturday, 
July 12th), in the afternoon. They remained with us over 
Sunday, and left for home on Monday morning. Mrs. Foot 
and I remained at the Springs till the following Tuesday after- 
noon, when we left on our way to Lawrencehurgh. 

While at the Springs, I met several distinguished gentle- 
men, whom I knew, among them Henry Clay, and by them 
was introduced to others. Our time at the Springs was passed 
most agreeably. We were visited by all our acquaintances. 
They paid us marked attention. Mr. Clay gave us a warm 
letter to his relatives in Kentucky, to use if we visited that 
state. 

My diary contains a full account of the gentlemen and 
ladies of our acquaintance, whom we met at the Springs, and 
of those to whom we were introduced, also of our mutual 
visits. My children may take pleasure in reading it. 

We rode only to Lewisburgh, about nine miles, in the 
afternoon we left the Springs. Judge Cabell and Mr. C. John- 
son were at Lewisburgh attending court. They called on us, 
and we passed a part of our evening pleasantly with them. 
The next day we rode sixty-five miles over mountains and 
through an unsettled country, to the valley of the Great 
Kanawha river. This ride was interesting. The forests were 
heavy and imj^ressive. Just before nightfall, we struck the 
New river, which is the principal branch of the Kanawha. 
We approached it at the point, where it breaks through the 
Gauley mountain, which is the most western range of the 
Alleghany. At this point, the scenery is truly grand. It far 
surpassed any I had ever seen before. We left the coach, and 
went to the brow of a precipice called the " Hawks' Nest," 
which is 784 feet perpendicularly above the water of New 
river. The views from there were too vast and impressive for 
my powers of description. From this point, the road wound 



AND COLLATERAL REMINISCENCES. IQl 

round and do^vn tlie face of the Gaiiley mountain, and con- 
stantly presented magnificent views. At the foot of it we crossed 
the Gauley river, just above its junction with New river. The 
two united form the Great Kanawha, After proceeding on 
its bank a couple of miles, we stopped for the night. We met 
in the coach this day some intelligent and agreeable traveling 
companions. 

We started early the next morning with the same fellow- 
travelers, and rode thirty-six miles on the right bank of the 
Kanawha to Charleston, a pretty village on the bank of that 
river. We there crossed to the left bank of the river, and 
after riding upon it about twelve miles, left it to our right 
and proceeded to the village of Guyandotte, which is on the 
east bank of the Ohio river, at the junction of the Guyandotte 
river with it. We did not arrive there till 12 o'clock at night. 
During the day, and just before reaching Charleston, we 
passed the salines of the Kanawha, a full account of which, 
as then existing and used, will be found in my diary. 

We waited all day at Guyandotte for a steamer to take us 
down the Ohio to Cincinnati and Lawrenceburgh, At night 
one arrived, and we left at 10 o'clock p.m. for Cincinnati. After 
going a few miles, a fog stopped us, and obliged us to lie by 
till morning. The next day (Saturday, the 19th July), was 
pleasant, and we had an agreeable passage down the river to 
Cincinnati, where we arrived about 12 o'clock at night. The 
moon was full that night and shone beautifully. " It pre- 
sented (as I say in my diary) some of the most beautiful 
reflections from the water I have ever seen. Brilliant lights 
appeared to rise out of the water and play upon the swells 
raised by the boat, and after having shone their minute would 
disaj)pear, and others rise and supply their place. Occasion- 
ally columns of quivering light would be streaked out uj^on 
the water and lie and live their minute. All the reflections 
had a golden hue, owing no doubt to the turbidness of the 
water produced by a freshet." 

We found a friend at Cincinnati (Edward Mansfield), who 
came on board the steamer and sat with us till 11 o'clock a.m., 
11 



162 AUTOBIOGRAPHY 

when we left for Lawrenceburgli, where we arrived at 2 o'clock 
P.M. We found our relatives well, and spent the afternoon 
and evening conversing with them. My account of this day 
says : " The passage down from Cincinnati was not pleasant. 
The day was warm, the boat crowded, and our feelings not at 
rest in traveling on the Sabbath, Although we deemed it right 
to complete our journey, yet we were ill at ease in doing so." 

We remained at Lawrenceburgh till Tuesday, the 29th of 
July. We left that day at 12 o'clock m. in a stage-coach for 
Cincinnati. Our time at Lawrenceburgh was spent with our 
relatives and their friends. The manner of spending it, and 
the persons with whom it was spent, are fully stated in my 
diary. 

The most noticeable thing at Lawrenceburgh, was the im- 
mense field of corn on the bottoms at the junction of the Great 
Miami and Ohio rivers. Their junction is about two miles 
above Lawrenceburgh, and at it, is a large plane of rich land, 
extending westward from the Miami and northward from the 
Ohio. This plain, which contains about six thousand acres, 
is overflowed annually, and has been planted with corn, for 
forty successive years. Although it has different owners, the 
annual floods do not permit division fences, and to the eye 
of the spectator is one vast field of corn. The view of it, 
from the high ground at the northward, is striking and im- 
pressive. 

We had intended to pass several days at Cincinnati, but 
found that cholera was prevailing there, and left early the next 
morning. We proceeded leisurely through Ohio by public and 
private conveyances to the city of Sandusky on Lake Erie, 
where we arrived on Saturday evening, the 2d of August. 

My diary contains a full account of the journey ; but as 
nothing of special interest occurred, I will omit giving par- 
ticulars and leave them for my children to read, with a single 
exception. The following is from my diary of the 2d of 
August : 

" The objects of greatest interest which we met to-day were 
prairies. We passed several ; but the last one, m the county of 



AND COLLATERAL REMINISCENCES. Ig3 

Huron, -was decidedly the largest and most interesting. It 
reached nearly to the extent of the eye. Clusters of trees were scat- 
tered upon it. Several herds of cattle were feeding on it, and we 
could, from the coach, just see their backs. The view gave to the 
mind the idea of vastness, and filled us with reverential emotions 
towards our God. I shall long remember the impression the plain 
made upon my mind." 

These were the first prairies I ever saw. 

We passed our Sabbath at Sandusky, though not satis- 
factorily. After stating how we passed it, I write in my 
diary of that day : " This is another Sabbath unprofitably 
spent. God, give me grace to make better use of thy Sab- 
baths." 

We left Sandusky at 3 o'clock a.m. on Monday, the 4th 
of August, in a steamer for Bufialo. We had a very pleasant 
passage down Lake Erie to that place, where w^e arrived the 
next day at 2 o'clock p.m. We made only two landings on the 
way — one at Cleveland and the other at Fairport. We went 
ashore at both places. At Cleveland we took a carriage and 
rode round the town. My diary contains a full account of 
both places as they were then, and of our sail down the lake. 

We took lodgings in Buffalo at the Eagle Tavern. We 
found at the post-office several letters from our relatives in 
New York, and were rejoiced to hear they were all well. 
On reaching our own state, after so long an absence, I recorded 
our thoughts and feelings in the following words : 

'•' God, accept our sincere and hearty thanks for having pre- 
served us in health and safety during our absence from our state, 
permitting us to return to it and find our relatives in life and 
health. May we be deeply impressed with a sense of thy kindness, 
and give ourselves more entirely to thee. We ask all things in the 
name and for the sake of our dear Kedeemer." 

We staid in BuflPalo a couple of days, which were passed 
almost entirely in the society of our relatives and friends, of 
whom we had there quite a large circle. Their names and our 
mutual visits are all mentioned in my diary. 



1(J4 AUTOBIOGRAPHY 

We left Buffalo on Thursday morning, the 7th of August, 
in a small steamboat for the Falls. We had an interesting 
passage down the Niagara river, and arrived at the Falls at 
noon. We spent a couple of days there viewing them, and 
the objects of interest in the vicinity. We left for Lockport 
on Saturday afternoon, the 9th of August, on our way home. 
We passed our Sabbath at Lockport, where we met friends 
with whom we attended church, forenoon and afternoon, and 
spent the evening. The next day we rode to Rochester 
on the Ridge road, and the following day to Hopewell, 
to visit my nephew, Samuel A. Howes, and his family. 
We spent the day and night with them, and the next day rode 
to Geneva, and stopped with my brother-in-law. Prof. H. 
Webster. We remained in Geneva only one day, and left on 
Friday morning, the 15th of August, for Syracuse, where we 
dined that evening, and staid over night. We rose early the 
next morning, took a can-iage, and with a friend viewed the 
salines of Syracuse and Salina, and left after breakfast for 
Utica. We arrived there that evening and staid over the 
Sabbath. We heard the Rev. Mr. Mandeville preach his first 
sermon in the Reformed Church of that, then village, now 
(1868) city. We met friends there, who passed the evening 
and a part of the day with us. The next day (Monday, the 
18th of August), we devoted to a visit to Trenton Falls, which 
your mother had not seen before. We returned to Utica in 
the evening and left there the following morning, in a packet- 
boat for Schenectady, where we arrived very early the next, 
morning, and proceeded to Albany, which we reached in time 
for breakfast. We stopped at Mr. Fowler's, spent the day 
with our relatives, and left the next morning on the day-boat 
for New York. We had a delightful passage down the river, 
arrived at home at 6 o'clock p.m. and found our family and 
relatives well. 

This journey from the Falls through our state to the city 
was an interesting one to us. We met many friends, passed 
through charming portions of the country, traveled leisurely 
and enjoyed our journey. My children will find a full account 



AND COLLATERAL REMINISCENCES. I55 

of the friends we met, the country and places through which 
we passed, indeed of the whole journey, in my diary. 

My account of it ends with the record of our thanks to our 
Heavenly Father for preserving us during our long absence, 
and permitting " us to come to our own dwelling in safety." 

We staid in the city only one day, and then went to 
Springfield, N. J., the summer residence of our parents, where 
Ave remained until Tuesday, the 2d of September. In the 
afternoon of that day, we returned to the city to reside. I 
close the account of the day as follows : " I pray God to bless 
us in our new duties, and to take us into His holy keeping." 

While at Springfield, my time was passed in reading, re- 
creation, and social enjoyment with our relatives and their 
friends. Only one incident occurred worthy of notice. On 
Sunday evening, the 31st of August, "at Mr. Campbell's 
request, for the first time, made a prayer in the family." 

On our return to the city, I resumed my usual duties. 
Your mother and I attended religious services together in our 
own church for the first time on Sunday, the 7th of September. 

On reviewing the entries in my diary this year, in regard 
to my religious life and duties, T find them mainly like those 
of the previous year, yet on the whole my w^alk with God ap- 
pears to have been closer. 

I will close the account of this year with three extracts 
from my diary : 

December 7th, Sunday. After stating the manner in which I 
had spent the day, and that the sacrament of the Lord's supper 
had been administered iu our church, I add — " I enjoyed the com- 
munion, was cheered and spiritually refreshed by it. God, give 
me strength to walk closely with Thee, and I here record my de- 
termination to strive earnestly to do so. The greatest source of the 
deep sorrow, which I felt to-day, was my own shortcomings ; and 
next to that, the thought that my dear wife could not accompany 
me. God, bring her into thy fold, I entreat Thee, for Christ's 
sake." 

December 17th, Wednesday. — "This is my birthday, and to- 
morrow I enter on my forty-fifth year. After breakfast, I made the 



IQQ AUTOBIOGRAPHY 

last payments on my Mariam's bequests, viz., fifty dollars to the 
Bible society, and seventy-five to the Board of Education, and thus 
completed the last duty I owed to her in this life ; but with God's 
blessing, I hope here and hereafter, to feel and reap the advantages 
of her sweet and holy example." 

December 31st, Wednesday. — " Thus the Lord in His provi- 
dence has permitted me to spend another year. I have not lan- 
guage to express my gratitude for His great goodness, and my own 
unworthiness in comparison with His favors. He has led me nearer 
to Him, and I feel assured that my walk is closer with my God. 
He has given me a gentle and tender-hearted companion, who ful- 
fills all her duties better than I could have expected. I pray that 
He will soon bring her into His fold, and that our union may be 
thus in the Lord as well as on earth. My Heavenly Father too, 
has given me prosperity in my business, and extended my in- 
fluence among my fellow-men. Oh, may I use it, as I shall wish I 
had, when I appear at his bar! Lord, take me and mine into 
thy holy keeping, and guide us in thy ways during the coming 
year. I ask it for Christ's sake." 

1835. 

Two events occurred this year, which materially affected 
the usefulness and happiness of your mother and myself in 
this life, and one of them, her happiness in the life to come. 

Your mother was not able to attend church on Sunday the 
15th of February, but I was, and attended forenoon and after- 
noon. Left alone and to undisturbed communion with her 
God, she determined, in accordance with feelings and convic- 
tions, which she had entertained for some time, to unite with 
the church, and declared her intention to do so, at the next 
communion. This gave me a degree of joy and happiness, I 
shall not attempt to describe. She made this announcement 
near the close of the day, which, however, had not been well 
spent by me. Too many worldly topics had occupied my 
thoughts. The entry in my diary is as follows : 

'• In the midst of my transgressions, and when my unworthi- 
ness was most manifest, my kind Parent had so dealt with my 



AND COLLATERAL REMINISCENCES. 167 

dear Jane, that she this day declared her intention to unite herself 
to the church at the next communion, and thus crown my earthly 
happiness. my God, how can I suitably acknowledge my 
thankfulness, or how express my gratitude ! Oh give me more 
abundantly of thy spirit, that I may be able to show forth thy 
praise ! " 

On the 30th of April, our first child, a son, was born. After 
a statement of the event, I recorded my thanks and a vow thus — 
"For his many mercies and blessings, I give God my sincere 
thanks, and here record my vow, that if in his goodness, he shall 
spare my life and the life of my child, I will earnestly endeavor to 
rear him in the fear and admonition of my Heavenly Father." 

Our lives were sjmred, and how this vow was performed, 
and the result, will be seen, when I reach, in this biography, 
the year 1862, in which year this son died, and a memorial, 
containing his life, death, and character, was published. 

My time this year was almost wholly occupied by social 
and professional duties. The latter continued to increase in 
number and importance. They did hot, however, take me 
from the city. 

The languages received no attention from me this year, 
and my reading, beside the daily journals, was general, and 
a,s time could be snatched from other duties. Yet amid my 
numerous professional and social engagements, I found, or 
rather made time for several other matters. 

On the 11th of March, I purchased a building lot on the 
west side of Broadway, between Bond and Great Jones Streets, 
and during that month and April and May following, planned 
a house and entered into contracts for building it. 

The cause of temperance interested me this year and occu- 
pied some of my time. On the evening of the 27th of January 
I attended a meeting at my office, of a committee of the First 
Ward Temperance Society. That ward then embraced the 
largest and best portion of the population of the city. On the 
evening of the 26th of Febi-uary, I attended a temperance 
meeting, held in the Methodist Church in John Street, at 
which I presided and made a short address. On the evenings 



168 AUTOBIOGRAPHY 

of the 28tli of February, 27th of August, and 31st of Octoher, 
I met committees and friends of the cause to consult on the 
subject ; and at a meeting held on the evening of the 8th of 
December, was re-elected President of the First Ward Tem- 
perance Society. 

The great enterprise of colonizing the free people of color 
on the west coast of Africa continued to interest me, and took 
some of my time this year. I spent the afternoon of the 28tli 
of October at the room of the Colonization Society, where there 
was a meeting of a committee, of which I was chairman, to 
revise the constitution of the Society, and on the following 
evening, a large public meeting was held at Masonic Hall, at 
which I made the principal address. This address was not 
written, but delivered from brief notes and clue-words. In 
my diary I wrote, that it " appeared to be well received by the 
audience." It was favorably noticed the next day in the two 
leading journals of the city. 

The Journal of Commerce of the 30th of October, 1835, 
after stating the holding of the meeting, and giving the out- 
lines of some remarks of the Hon. William A. Duer, the Presi- 
dent of the Society, proceeded as follows : 

" Samuel A. Foot, Esq., then addressed the meeting for three- 
fourths of an hour in a speech of much abihty and eloquence. He 
said it was impossible to close our eyes to the perilous condition in 
which our colored population had been placed. In discussing the 
subject of their condition it would be useless to go over for the 
hundredth time with a description of the horrors of the slave trade, 
or the evils of slavery. These evils we all know, and they feel 
them most deeply upon whom they are more especially cast. Wliat 
then shall be the course of our thoughts ? Let it be upon the duties 
we have to perform. We have a population of more than four mil- 
lions who are either physically or morally in slavery. Let us in- 
quire what we can do for them. No question is of equal magni- 
tude with this. In whatever measures were adopted, it was essen- 
tial that the South should take the lead. That the condition of 
the slaves should remain unchanged for any great length of time 
was impossible. And he quoted the declaration of a distinguished 



AND COLLATERAL REMINISCENCES. 169 

Southern gentleman, the owner of one hundred slaves, that the 
system of slavery would not be maintained for another quarter of 
a century. If this immense population was to be retained in this 
country in a condition of freedom, their history was written in the 
history of the aboriginal inhabitants of the country, and in the 
miserable population of the same class of persons, which we now 
see in our streets. The inquiry whether they shall be incorpora- 
ted into our social relations, has a ready answer in the bosoms of 
us all. We have no alternative but to assist them to go home, car- 
rying with them the blessings of civihzation and religion to Africa. 
This plan is approved by the South ; a circumstance which shoiild 
increase, not diminish our attachment to the jjlmi. But we are 
unable to pursue the remarks of Mr. F." 

The Commercial Advertiser of the same day, then edited by 
the deeply-lamented William L. Stone, contained the following 
notice of my address : 

" President Duer was followed by Samuel A. Foot, Esq., in an 
address of great power and effect. He commenced by adverting to 
the lamentable and dangerous condition in which recent events 
had tended to place our colored population. He did not refer to 
the horrors of the slave-trade and the ordinary evils of slavery, 
which had been again and again described, and of their nature 
none could be ignorant. His remarks were intended to apply as 
much to the situation and prospects of the free colored people as to 
those of the slaves ; and in the contemplation of these, a sense of 
duties to be performed became a prominent subject of reflection. 
' We have a population,' said Mr. Foot, ' of more than four millions 
who are either physically or morally in slavery. Let us inquire 
what we can do for them. No question is of equal magnitude with 
this. In whatever measures were adopted, it was essential that 
the South should take the lead. That the condition of the slaves 
should remain unchanged, for any great length of time, was impos- 
sible. And he quoted the declaration of a distinguished Southern 
gentleman, the owner of one hundred slaves, that the system of 
slavery would not be maintained for another quarter of a century. 
If this immense population was to be retained in this country in a 
condition of freedom, their history was written in the history of 
the aboriginal inhabitants of the country, and in the miserable 



170 AUTOBIOGRAPHY 

population of the same class of persons which we now see in our 
streets. The inquiry whether they shall be incorporated into our 
social relations, has a ready answer in the bosoms of us all. We 
have no alternative but to assist them to go home, carrying with 
them the blessings of civilization and religion to Africa. This 
plan is approved by the South ; a circumstance which should in- 
crease, not diminish our attachment to the plan^ " 

On the evening of the 25th of November, I delivered an 
address before "The Law Association of the city of New 
York/' and a general audience. This Association was com- 
posed of junior members of the bar, and law students of the 
city, and designed to give the members " opportunities and 
incentives for improvement." This address was well received 
by the audience. The Association thanked me for it by a for- 
mal resolution, in which they called it a " very able and elo- 
quent address." 

This address was nearly written out in full, and is No. 22 
of " Papers Written by me." 

My exercise this year was like that of the year before, viz., 
walking on the Battery, when the weather would jDcrmit, and 
generally before breakfast, and riding on horseback and in my 
wagon. Your mother frequently accompanied me. I had but 
little respite from my duties this year. My first absence from 
the city was a hurried trip to Boston, to attend the wedding 
of my partner in business and nephew, Henry E. Davies, which 
took place on the 3d day of July. I returned the next day. 
Your mother and I, with the little boy, went up to West 
Point on the 7th of July, to visit our relatives and meet the 
wedding party. We spent a couple of days there pleasantly. 

On the 15th of July your mother and I, with the little 
boy, went over to Springfield to visit her parents. Your 
mother and the boy remained there till the 31st of Au- 
gust ; but I only staid a few days, and then returned to 
the city. While your mother was there, I went over several 
times, and generally staid two or three days. While there I 
read, walked, rambled over the hills and the mountain, rode, 
fished, wrote, and rested. On one of my visits, I read " Irving's 



AND COLLATERAL REMINISCENCES. 171 

Sketches of Abbotsford," "Newstead Abbey," and Stone's 
account of "The Matthias Delusion." 

We all, that is, your mother, myself, and the little boy, 
returned to the city the last day of August and resumed our 
residence there. We did not close our house, as I was there 
most of the time. 

We adopted this year a pleasant and profitable mode of 
passing an evening every fortnight, and that was, by having a 
family reading party at each other's houses once a fortnight. 
There were four families of us — our parents, Mr. and Mrs. 
Samuel Campbell — our brothers and sisters, Mr. and Mrs. John 
Campbell, and Mr. and Mrs. Marcus Wilbur — and ourselves. 
Each member of the party selected and read a piece of prose 
or poetry. Our first reading party was on the evening of the 
14th of December, and the last one on the evening of the 13th 
of March following. 

On the night of the 16tli of December, the great fire occur- 
red, which destroyed nearly the whole of the city east of Broad 
Street and south of Wall Street. Our office on the north side 
of Wall Street was in great danger. All our books and papers 
were removed. I was up nearly all night. Mr. Campbell, 
my father-in-law, was a large loser by this fire, and I lost by 
it fire-insurance stock to the amount of $1500. 

Your mother and I dined and passed the evening of the 
14th of March with her parents. " On our return home (ex- 
tract from my diary in her handwriting) we providentially 
discovered our bath-room to be on fire, in time to extinguish 
it. For this merciful interposition of Providence in saving our 
dwelling from destruction, we give Him our sincere thanks." 

On the evening of the 27th of March, your mother and I 
attended preparatory lecture. She was baptized. I accom- 
panied her to the fount. The sacrament of the Lord's supper 
was administered in our church on the 1st of March, Your 
mother accompanied me to the tal)le. We went to church to- 
gether in the afternoon. I say in my diary of that day, " The 
residue of the day was passed at home in reading, conversation, 
and duties appropriate to the day," 



^rj2 AUTOBIOGRAPHY 

A few extracts from my diary will sliow how far short I 
came during the year, of reaching the true standard of Chris- 
tian duty — my earnest, but vain, efforts to do so, and the little 
progress, if any, made by me in holiness of heart and life : 

May 10th, Sunday. — "Went to church forenoon and after- 
noon, and gave better attention than usual. Passed all the day and 
evening not in church, at home, reading and conversing with Mrs. 
Foot." 

May 17th, Sunday. — " AVcnt to church forenoon and afternoon. 
* * * My Sabbath was poorly spent. The world and its ob- 
jects filled too many of my thoughts, and engaged too much of 
my conversation. God, give me, I entreat thee, more of thy 
spirit. Subdue the world in my heart and make me thine. I ask 
it for the Saviour's sake." 

June 19th. The day our son was baptized. — " Attended 
church in the evening, it being preparatory lecture, and presented 
our child for baptism. He was baptized by our pastor, the Eev. 
Dr. William W. Phillips, and named John. We were too late in 
church. This and other circumstances so disturbed my feelings 
and diverted my thoughts as to prevent me in a great measure 
from entering into the spirit of the service as I ought to have done, 
I pray God to forgive me, and enable me to be more composed 
under the little crosses of this life." 

June 21st, Sunday. — " Went to church forenoon and afternoon. 
The sacrament of the Lord's supper was administered. I could 
not but feel how unworthy I was of such a privilege. The day 
was tolerably well spent for me. My reflections were in general 
during the day as they ought to have been. The evening was 
spent reading and instructing William " (a servant boy). 

September 6th, Sunday. — "Attended church forenoon and 
afternoon at the Wall Street church, it being open for the first 
time after the fire. The services were very acceptable to me, and I 
was able to enjoy my whole Sabbath better than usual." 

November 8th, Sunday. — "Attended church forenoon and 
afternoon, and paid tolerable attention, also read and reflected as I 
ought, a part of the time passed at home." After mentioning 
some visits from relatives, I add — '• Our conversation was not 
spiritual, it was directed almost wholly to indifferent and secular 



AND COLLATERAL REMINISCENCES. I73 

objects. Oh would that our hearts and thoughts were so intent on 
our God and Eedeemer as that from the fuhuess of them the 
mouth would speak ! " 

December 6th, Sunday. — " Went to church forenoon and after- 
noon. Partook of the sacrament in the forenoon. My soul was 
refreshed by this service and I was brought near to my God and 
Saviour, but my thoughts often wandered and showed me how far 
I am from possessing a truly holy spirit." 

December 10th, Thanksgiving day. — " Went to church in the 
morning with Mrs. Foot, and had a delightful morning. I ap- 
peared nearer to my God, than at any previous time which I can 
recollect." 

December 17th. My birthday and the day after the great fire. 
— " The engrossing objects which have occupied my mind, and the 
fatigue which has oppressed me, have prevented me from making 
the reflections which become the day of my birth. But I cannot 
omit to acknowledge and record the goodness of my God during 
the past year. He has drawn me, as I hope and trust, nearer to 
Him, and made me more sensil:)le of my own weakness, and of the 
need of a sufi'ering Saviour. He has also peculiarly blessed me in 
gi\'ing me a promising son, and preserving the lives and health of 
all my family. Oh how much I have to thank Him for — in how 
many instances during the past year has he displayed his loving- 
kindness towards me and mine ! and how often and constant has 
been my neglect of him, and of the duties I owe to him and my 
fellow-immortals, his creatures ! Father of mercies, forgive my 
sins of omission and commission, for my Saviour's sake — pour thy 
Spirit into my soul, and fit me for thy presence." 

December 20th, Sunday. First Sabbath after the great fire. — 
"Went to church forenoon and afternoon and heard Dr. Phillips. 
* * * The two sermons delivered by our pastor were applica- 
ble to us in reference to our late calamity, and Avere able and in- 
teresting. They were decidedly useful to me, as they showed me 
many points in which I had been unconsciously deficient in duty 
to my God and fellow-men. Oh how far I am from what I ought 
to be!" 

December 31st, Thursday. The end of the year. After mention- 
ing some visits your mother and I made, I write: — " On our return 
I gave an hour to reflection on the occurrences of the year. Thus 



174 AUTOBIOGRAPHY 

another year of my life has been spent, and how little have I ac- 
complished. My year seems almost to have been wasted. A large 
portion of it has been devoted to the building of a house — an un- 
dertaking I ought not to have entered upon. It has occupied too 
many of my thoughts, and is too expensive for my means. It has 
prevented me from bestowing in charity what I ought to have 
done. In two instances during the year have I been forewarned of 
my mistake, by having been shown the uncertainty and vanity of 
earthly riches. Twice during the year have I met with losses of 
property, and by unforeseen and unexpected occurrences, and this 
for the first time in my life. Father of mercies, I come to thee, 
and acknowledge the justice of thy chastisements, and entreat thy 
forgiveness for my Saviour's sake. I am a wretched sinner, 
bound to the world, notwithstanding the many admonitions I 
have received not to place my affections on things below. I thank 
thee, my Father, for the child thou hast given us since the last 
new year. Oh spare his life and enable us to train him up in the 
ways he should go ! Do, for thy Son's sake, have compassion on 
me, wean me from the world, give me a holy spirit, and fit me for 
thy presence. Enable me to use the world without abusing it. I 
record my grateful acknowledgments at the close of the year, fo]* 
bringing my dear companion into thy visible church on earth. Oh 
continue the work of grace begun in her heart, and make her a 
child of heaven ! " 



1836. 

On the first day of this year, I made the following entry in my 
diary: "As I have arrived at middle age and my habits are settled, 
and probably my course of life, it has appeared to me proper io 
change the character of my diaiy. The noting of daily occur- 
rences are no longer necessary for the purpose for which I began 
them. My habit of rising between 5 and 6 o'clock a.m. is settlctl, 
also my determination to worship privately with Mrs. Foot in llio 
morning, and which I have done uniformly heretofore, and wi;h 
my whole family at 10 o'clock p.m., which I have uniformly dcu ? 
since the time mentioned in my diary. My manner of spendii:^ 



AND COLLATERAL REMINISCENCES. I75 

the day is almost always the same. Should there be any change in 
my mode of life hereafter, or anything unusual occur, it shall be 
recorded in my diary. In a few tilings I am resolved to be so far 
master of myself as to correct my habits. In the first place, my 
time shall be better employed, that is, there shall be less waste of 
it. In the second place, a much less amount of thought shall be 
bestowed on my building and my own private affairs, and with 
God's help, I will live nearer to Him." 

In accordance with my determination in regard to keeping 
my diary, I kept it irregularly for four years and until the 
month of June, 1840, sometimes writing it weekly, sometimes 
monthl}^, and occasionally at other times, as they were found 
convenient, A return to daily entries, and my reasons for it, 
will be mentioned in my account of the year 1840. 

An unusual number of domestic matters and occurrences 
required my attention and occupied my time this year. The 
principal ones were — superintending the building of my house, 
superintending the building of Mr. Campbell's stores on Pearl 
and Water Streets, which had been destroyed by the great fire 
in December previous, the confinement of your mother, and 
the birth of our second son, and the death of your grand- 
father Campbell, followed by the disposition and settlement 
of his estate. These, with my professional and social duties, 
took uj) nearly my Avhole time, except a small portion devoted 
to exercise and recreation. My reading was general and de- 
sultory, as opportunity off'ered. The languages received no 
attention from me, nor did I make a single public address, or 
write an article for a public journal. 

My profession took me from the city only once this year, 
and that was to Albany for three days in the latter part of 
August. 

My advancement in my profession continued this year. 
My diary of Saturday, the 5th of March, contains this entry : 
" During the last fortnight, I have been engaged rather more 
than usual in my profession. The late calamitous fire, which 
occurred in this city, has given rise to numerous questions of 
right, and I have been consulted and my written opinions 



176 AUTOBIOGRAPHY 

asked on many of them. Confidence in my private and profes- 
sional character appears to be increasing, and I thank my 
Heavenly Father for his great goodness to me, so unworthy of 
his favors as I am," 

Our second son was born on the 15tli of June, and bap- 
tized by our pastor, the Rev. Dr. Phillips, on the 17th of July, 
and named " Samuel Campbell," after his maternal grand- 
father, who died on the 26th of June previous. 

My project of building a house at last appeared to me in 
its true light. In my diary of the 5th of December is this 
entry : " It (the erection of my house) has occupied too many 
of my thoughts, and too large a portion of my time. A wise 
man will never build a house," and again in my diary of the 
17th of that month is the following entry : " Too much time 
has been spent on my house. I am thankful it is almost 
done." 

Superintending the building of Mr. Campbell's stores was 
so entirely outside my ordinary pursuits, that I Avill copy from 
my diary the two entries which it contains concerning them : 

April 9th, Saturday. — " On Tuesday morning of this week, 
I commenced the superintendence of the building of Mr. 
Campbell's stores, in Pearl and Water Streets. A large part 
of my time this week has been devoted to that object. I felt 
it my duty to undertake this task for the family, though not a 
very pleasant one." 

May 21st, Saturday.—" The building of Mr. Campbell's 
stores has drawn more largely than all my other duties upon 
my time and attention. They are now nearly done." 

My exercise this year, as in previous years, was walking on 
the Battery, generally in the morning, and riding on horse- 
back, or in my wagon. I indulged in some excursions, and 
passed some time in July and August out of the city. I spent 
three days near the middle of July riding Avith my brother-in- 
law, D. L. Clark, over the north' side of Long Island, and visit- 
ing friends in that vicinity. These days were pleasantly 
passed. A detailed account of them will be found in my 
diary. 



AND COLLATERAL REMINISCENCES, 177 

On the I9th of July your motlier and I went to the Mill 
(tlie name of the family residence), to make your grandmother 
a visit. We took the children with us. I staid a couple of 
days and then returned to the city, leaving your mother and 
the children there. The next day I left the city for Ogdens- 
burgh, to visit my relatives there. I stopped a couple of days 
at Albany with Mr. Fowler and his family, and made them a 
visit, also a few hours at Schenectady, which were passed in 
sauntering round the city, particularly the old college, where 
I received my education. The location recalled many events 
to my mind and impressed me with a deep sense of gratitude 
to God, for having carried me safely through the temptations 
of youth. Being detained a day at Utica, I passed my time 
in visiting friends, and did not reach Ogdeusburgh till the 
evening of the 28th of July. Three of my sisters were there. 
I spent five days with them and other relatives, and then 
returned to the city by steamer to Oswego, and from there by 
land and water carriage. This was a pleasant journey and 
visit. 

I arrived in New York on Saturday morning, the 6th of 
August, and after passing a few hours in professional and in- 
dividual business, went over to the Mill and found your 
mother and the little boys well. The Sabbath was passed at 
the Mill, and on the following Monday morning, your mother 
and I w^ith the children returned to the city. We remained 
in town only a couple of days and then went to Cowneck, on 
Long Island, and took lodgings for ourselves and the children 
for the residue of the summer. Your mother and the children 
remained there till the 6th of September. I passed my time 
between Cowneck and the city, except a business journey of a 
few days to Albany. My diary shows how my time was em- 
ployed both in the country and city. 

On the 6th of September we all returned to the city. We 
remained there a couple of days, and then all went to Albany 
to make Mr. Fowler and his family a visit. I staid in Albany 
several days, and then returned to the city, leaving your 
mother and the children there. They remained till Monday, 
12 



178 AUTOBIOGRAPHY 

the 26th of September, when I went for them, and we all re- 
turned to town, where we remained the rest of the year. 

The state of my religious feelings this year, and my pro- 
gress, if any, in holiness will appear by a few extracts from my 
diary : 

Saturday, January 16th. After an account of the previous 
week. — " We have attended to our devotions regularly, but so far as 
I am concerned, not I fear with the fervor and singleness of heart 
due to such solemn and interesting duties." 

Saturday, February 20th. After an account of the previous 
week. — " Although the weather has been severe during the whole 
week, our family has enjoyed good health, and we have wanted noth- 
ing. Would that our spiritual wants were as earnestly sought for 
as our temporal. God, give us grace to adore and bless thee as 
we ought, and help us to magnify thy great and holy name." 

Saturday, March 5th. — " The world seems more and more to 
allure me as my domestic joys and temporal comforts increase. 
To-morrow we celebrate in our church the dying love of our dear 
Eedeemer, and when I examine myself, and discover how far my 
soul is from that holiness, which ought to belong to a professed 
follower of the blessed Saviour, I almost fear to approach His table. 
May He give me grace to partake worthily of His broken body and 
shed blood." 

Saturday, April 30th. — " This day our little boy is one year old. 
I thank God for continuing his life, and for all the blessings which 
are daily poured out so abundantly upon us. Would that I were 
more deserving of them," 

Saturday, June 4th. — " My religious duties have been better 
attended to than during the fortnight previous, though far from 
as well as they ought to have been. To my God, I owe everything, 
and to Him I fail to render, even a tardy obedience. Without the 
atonement of my Eedeemer, my ruin forever would be certain. 
God, give me thy grace to work out my salvation by the use of thy 
appointed means." 

Wednesday, June 15th. — "This day Mrs. Foot gave birth to a 
second son — a perfect and healthy child. For this precious gift, I 
return my sincere and hearty thanks to my Heavenly Father, and 
pray Him, for Christ's sake, to spare the life He has thus kindly 



AND COLLATERAL EEMINISCENCES. 179 

bestowed, and to enable me and Mrs. Foot to perform our respon- 
sible duties to this little immortal. Oh assist us to reahze, thou 
Giver of life, and Judge of the quick and dead, the extent and 
solemnity of the new obligations, which have devolved on us, and 
give us the aid of thy Spirit to fulfill them ! " 

Sunday, 17th July. The day our second son, was baptized. — 
"It gave me holy joy to present another son at the altar, and have 
conferred on him the privileges of Christian baj)tism." 

Saturday, October 8th. After mentioning that my old habit 
of musing seemed to be growing of late upon me, and that it had 
been a serious injury to me through life. — " It draws me too away 
from frequent communion with God, and thus retards my growth 
in grace. Oh may my soul be won away from the world ! There 
is nothing here for an immortal soul to rest upon, and with God's 
blessing I will more earnestly endeavor to prepare for death." 

Monday, December 5th. — " Yesterday we celebrated the sacra- 
ment of the Lord's supper in our church. Mrs. Foot was with 
me. It was an interesting occasion to me, though deeply oppressed 
with a sense of unworthiness of so close an approach to my God 
and Sa-sdour. My vows were renewed, and with God's help, I hope 
to perform them better than heretofore. The world has too strong 
a hold upon me. Often while engaged in my devotions in the 
public sanctuary, it obtrudes itself upon my thoughts. Oh when 
will my heart and mind be pure and holy, and fitted for the 
presence of my God!" 

Saturday, December 17th. — " This is my birthday. I am forty- 
six years old. How grateful I ought to be to my Heavenly Father 
for thus prolonging my life, and how barren it has been — ^how lit- 
tle I have accomplished. God, forgive me ! It seems as if my 
year had been wasted. I dare make no promises for the future, 
but pray God to help me to become a better and more useful man. 
Too much time has been spent on my house. I am thankful it is 
almost done. Father of mercies, help me to hve nearer to thee 
during the coming year." 

Saturday, 31st December. — " The business and concerns of this 
life take too deep hold of me. My sense of right and justice often 
carries me too far, and sometimes must become almost a fault. I 
hope and trust that tlie next year will find me fi'eer from worldly 
cares. With God's help, I intend to live nearer to Him. Another 



180 AUTOBIOGRAPHY 

year has gone, and how far I still am from my God and Saviour. 
* * * Blessed Father, have compassion on me, and give me a 
new spirit, for Christ's sake. I thank thee for the many favors 
thou hast bestowed on me the past year — for the happiness I have 
enjoyed, and especially for many holy joys derived from commun- 
ion with thy spirit. Increase the work of grace, which I trust thou 
hast begun in my heart, until I shall be fitted for the society of 
the redeemed in glory. I ask all things for the dear Saviour's 
sake." 



1837. 

My professional engagements this year were more numerous 
and important than in any previous year. They required so 
much of my time, that no attention was given to the lan- 
guages, and only occasional snatches of time employed in 
general reading. The daily papers, however, were never wholly 
neglected, but always read with more or less care, as opportu- 
nity oifered. My family, furnishing our new house, arrange- 
ments to move and moving into it, and social duties, necessarily 
took portions of my time. 

Having moved away from the Battery, and sold my horse, 
my exercise was not as regular nor abundant as usual ; nor 
did I allow myself more than a few weeks in July and August 
for recreation, and not all those in succession, but in piece- 
meal. 

Professional duties took me several times from the city. 
On the 29 th of July, I argued an important question at 
Poughkeepsie, arising on the will of Samuel Jones, deceased, 
on the retainer of the towns of Oyster- bay and North Hemp- 
stead. The first three days of August were passed at Albany, 
attending a special term of the Supreme Court, at which I 
argued several important causes. A considerable portion of 
September was passed at Albany, attending the Court of 
Chancery and the Court for the Correction of Errors, in each 



AND COLLATERAL REMINISCENCES. 181 

of whicli I argued several cases. While attending those 
courts, I came to the city, went over to the Queens County 
Circuit, and tried an interesting cause. 

A few extracts from my diary will give a correct idea of 
my professional business this year : 

February 22d. — " My professional avocations have been numer- 
ous and important the last month. I have tried several interesting 
cases before juries, and argued several causes before the courts, 
and what is singular, every one has been decided in favor of my 
clients." 

November 7th. — "Since my return from Geneva (25th of 
August), I have been deeply engrossed in my profession." 

December 7th. — " The last month has flown rapidly away. I 
have been actively engaged in my professional duties, and have 
argued several important causes. The confidence of the commu- 
nity in me appears to be increasing, for which I thank my 
Heavenly Father." 

I only made two j)ublic addresses this year. One on the 
10th of January, at a meeting ef the New York Bar to honor 
the memory of Abraham Van Vechten, of Albany, deceased. 
The following account of the meeting and my address is from 
my diaiy : 

"' Chancellor Kent presided. Peter A. Jay moved the resolu- 
tions, and I seconded them. My address was approved and praised 
a few days afterwards in the Commercial Advertiser. In the 
course of it, I mention the fact, that in the spring of 1821 I ad- 
dressed a public meeting at Albany, called to recommend Chan- 
cellor Kent, Chief Justice Spencer, Abraham Van Vechten, and 
Stephen Van Eensselaer as candidates for members of the conven- 
tion to be held in the fall of that year, to alter the constitution, 
and mentioned the circumstance, that Mr. Van Vechten was the 
first of the four to leave the scene. The meeting of the bar was a 
very large and respectable one, and I was happy in l^eiug able to 
take a part in it." 

The following notice of the meeting and of my address was in 
the Commercial Advertiser of the 13th of January: 



182 AUTOBIOGRAPHY 

" The late Mr. Van Vechten. — We are informed that the 
meeting of the bar, on Wednesday, was a worthy comphment to the 
memory of that good man, Abraham Van Vechten. All the judges 
who were in the city, and were not confined to their houses by in- 
disposition, punctually attended ; and we noticed Dr. Duer and 
Enos T. Throop, Esqrs., former Circuit Judges, and William John- 
son, Esq., in the crowd. 

" Chancellor Kent opened the meeting with some account of 
Mr. Van Vechten's life and practice, and a detailed history of their 
long friendship — his emotions fi-equently interrupted his utter- 
ance. After which Mr. Jay moved the resolutions, prefacing them 
with a very neat speech, the close of which was particularly happy 
— and Mr. Foot seconded the resolutions. His address was longer, 
but not tedious, and it w^as a beautiful eulogium upon the venera- 
ble man whose death the meeting was called to deplore. In the 
close, the example was forcibly recommended by him to the junior 
members of the jDrofession." 

The other public address was made on the evening of the 21st 
of February. My diary of the 22d of that month contains the fol- 
lowing account of it : 

" Last evening there was a meeting at the Tabernacle of the 
New York society for promoting education in Africa, and a large 
audience attended. The speakers were the Eev. W. Cone, of the 
Baptist church, Hon. Theodore Frelinghuysen, myself, and the 
Rev. Mr. Palmer, of the Methodist church. We spoke in this 
order. I am thankful for being permitted to aid in this great 
work. My address was better received than I anticipated." 

We moved from our residence, No. 88 Greenwich Street, 
into our new house, No. 678 Broadway, on Saturday afternoon 
the 8th of April. 

Your mother and I spent a day in June with your grand- 
mother and her family at Springfield, N. J., and on the 5th 
of July went to Connecticut, and made a visit of a couple of 
days to my brother and sister Scovill and their family, on the 
old farm in Watertown, where I was born. On the 12th of 
that month, we went over to your grandmother's at Spring- 
field, and took the little boys with us. Your mother and the 



AND COLLATERAL REMINISCENCES. 183 

boys spent the balance of the month there. While they were 
there, I went over twice for a day at a time, and once for three 
days. On the 3d of August, your mother and I went to 
Geneva, to visit your uncle and aunt Clark. The little boys 
went with us. I staid till the 23d of that month, and then 
returned to the city, where I arrived on the 25th. Your 
mother and the children remained till the end of September. 
Almost the whole of my time at Geneva was spent in out-door 
recreation. We rode, fished, bathed, took short excursions on 
the lake, &c. 

My sister York, being unable to give her son, Joseph S. 
York, an education, I concluded to take him into our office, 
and assist him to a professional education. He came to me 
about the middle of December, and remained with me till he 
was admitted to the bar and able to support himself. 

Our eldest daughter, whom we named Euphemia, was born 
on the 12th of December. 

Early in that month I was unanimously elected a member 
of the " Kent Club." This club was composed of members of 
the bar, who claimed high social, and professional distinction. 
The first meeting of the club, which I attended, was on Satur- 
day evening, the 16th of December. The entry in my diary 
on the next day is as follows : 

" Last evening I attended the " Kent Club." It was in 
the main agreeable, though there was too much carousing at 
the close of the evening. I left at 11 o'clock. I fear I shall 
not be able to attend the club — certainly not, unless I find it 
more temperate." 

Miss Sally Duyckinck, a member of our mother's family 
and a relative, died on the 18th of August. Her death and 
that of Mr. Campbell the year before kept your mother and 
me in mourning. We did not consequently visit beyond the 
circle of our relatives and most intimate friends. Although 
our social enjoyments and duties were thus limited, they were 
many, and occupied a considerable portion of my time. They 
are fully stated in my diary. 

Extracts from my diary will correctly exhibit the manner 



184 AUTOBIOGRAPHY 

in which my religious duties were performed, my spiritual 
condition, and progress, if any, in holiness : 

March 8th, Wednesday. — " The last Sabbath was communion 
Sabbath in our church. It was an interesting day to me. We 
had our monthly concert of prayer in the evening, which Mrs. 
Foot and I both attended. I made a liberal donation to the object 
of foreign missions, and was grateful for being able to do so." 

April 8th, Saturday evening. The day we moved into our new 
house. — " We find our house all we could wish, and more than we 
expected. We have entered it in our usual health, and with 
grateful feelings to the Giver of every good gift, for having pro- 
vided us with such an agreeable dwelling. We pray Him to 
sanctify it to our use — to enable us to live nearer to Him — to 
make it a house of prayer, and our family His servants. * * * 
It is my firm purpose to live as a Christian in my present dwell- 
ing, and I pray my Heavenly Father to give me grace and strength 
to execute it." 

July 4th. — " We have lived securely under the protection of the 
laws another year. How great a blessing this is ! The history of 
this counb-y is but the record of the goodness of our God. * * * 
My religious duties for the last two months have been attended to 
as well, and perhaps better, than usual ; but oh, how far short they 
come of what is due to my Heavenly Father, who supplies all my 
wants, and watches over me with more than a father's care. We 
had a communion service in our church on the first Sunday in 
June. Although my religious feelings were revived and my soul 
refreshed by it, yet I could not give myself up to my God and 
Saviour with such entire devotion to His will and singleness of 
heart as my Christian profession required. The world has too 
deep a hold upon me. * * * Mrs. Foot and I are going to 
Connecticut to-morrow. May we feel the protecting arm of our 
God, and return to our home and children in safety, improved by 
our visit and journey." 

August 26th. — " While from home this summer, Mrs. Foot and 
I have attended together to our morning and evening devotions at 
our usual hours, and so have I when separated from her ; but they 
have not been on my part so full and fervent as they ought to 
have been. * * * Many, and more than I can name or num- 



AND COLLATERAL REMINISCENCES. 185 

ber, have been the blessings which a kind Providence has show- 
ered on us. "Would that my walk was closer with Him. * * * 
To God I commit my present and eternal interests, and pray Him 
to watch over me and mine, and guide us in the paths of truth 
and holiness." 

December 7th, Thursday. — " Last Sabbath we had communion 
in our church. Mrs. Foot was not able to attend. These com- 
munion seasons are delightful, and wou.kl be more so, could I feel 
that my progress in the acquisition of Christian graces was any- 
tliing like what it ought to be. The world has too strong a hold 
upon me, and I pray my gracious God to weaken my attachment 
to it, and prepare me for death and His presence." 

Tuesday, December 13th. The birthday of Euphemia. — " The 
child is healthy and perfect in form. I give thanks to God for 
this manifestation of His love, and pray that He will spare my life 
and enable me and her mother to raise her in His fear and to His 
glory." 

All of the fourteen children whom our Heavenly Father, in 
the plenitude of his mercy and love, has given us, were with- 
out physical defects, nor was any one of them deficient in in- 
tellect. They all had good constitutions — behaved reasonably 
well, and no one of them ever gave us cause for serious un- 
happiness. I have generally, in my diary, noticed their birth- 
days as they came round, recorded my thanks for their spared 
lives, and a prayer for their preservation, usefulness in this 
life, and preparation for death. I have not thought worth 
while to insert these notices in this family history, but my 
children will find them in my diary if they wish to look at 
them. 

December 12th (continued). — "I have to-day determined to 
bring my nephew, Joseph S. York, to the city and employ him in 
our office, and have written to his mother (at Ogdensburgh) to 
send him. I hope it will prove advantageous to the youth, and 
that God, who numbers the hairs of our heads, will smile upon this 
entei'prise, and make the lad a useful citizen and a humble 
Christian." 

December 17th. — "This is my birthday, and I have little more 
to say than that God has showered his blessings upon me during 



186 AUTOBIOGRAPHY 

the year, and I have done aknost nothing to extend His cause, 
and promote His glory upon the earth. Nor can I perceive that 
the Avork of grace in my heart has progressed, or that I am a bet- 
ter or hoher man than on my last birthday. Verily I am an in- 
corrigible sinner, and an unprofitable servant of my Saviour. 
my God, why dost thou spare me ? It is certainly only through 
thy forbearance that I am allowed to enter on another year of 
being. Oh have compassion on me and spare me, for Christ's 
sake ! Turn me to thee by the influences of thy Spirit, and make 
me a child of heaven — an heir of glory." 



1838. 

This year commenced differently from any previous one. 
Your mother did not recover from her confinement on the 
birth of Euphemia. She had no less than three relapses. The 
last one was accompanied with fever, and her life was con- 
sidered in peril for several days. She, however, finally re- 
covered, and towards the end of March, was able to resume 
her usual duties. This, and the sickness of our little daughter 
in August, of which I will by and by give an account, were 
the unhappy events of the year. 

My time this year was divided mainly between j)rofes- 
sional engagements and social enjoyments and duties. Be- 
ing out of mourning, we went freely into society, and to a 
greater extent than in any year since your mother and I were 
married. We had a large and interesting circle of relatives, 
friends, and acquaintances. I had occasionally, for a number 
of years, spent an evening with some friend, playing chess. 
This year I did that more frequently. I also occasionally 
attended a meeting of the " Kent Club," and had a meeting 
at my house in November, which was a full and large one. 
Chancellor Kent attended. There were also present a large 
number of guests invited by me and other members of the 
club. 

Notwithstanding all these drafts on my time, I found op- 
portunity this year for considerable general reading beside the 



AND COLLATERAL REMINISCENCES. 187 

daily journals, though none for the study of the languages. Al- 
though the number and importance of my professional engage- 
ments increased, yet having a good law library, which I kept 
nt my house, and an increasing fund of professional knowledge, 
I was able to prepare for the trial and argument of causes 
"with less labor. This of course gave me more time for other 
duties. 

The first of May has always been the commencement of my 
fiscal year. On that day, Mr. Davies and I always settled our 
pecuniary transactions for the previous year. On that day 
this year, I say in my diary : " My professional success and 
income have surpassed that of any previous year," and on the 
2d of June, "I have tried and argued several important 
causes in the last month, and succeeded in them all but one, 
which was tried yesterday." 

My professional duties this year were confined to the city, 
with only two exceptions, viz. : in March, I went to Albany to 
argue a question before the Supreme Court, and again in 
April, for the same purpose. 

I addressed no public assembly this year, nor wrote an 
article for a public journal. 

Almost the only exercise I took in the city, was working 
occasionally in my garden, and v/alking to and from my office, 
when the weather would permit. 

I had some relief from duties in the city during the sum- 
mer months. About the middle of June, your mother and I 
went over to Springfield, and made your grandmother a visit 
of five days. We had intended to spend July in the city, and 
August at Springfield, but the weather became very hot and 
oppressive. The children, particularly the little girl, appeared 
to suffer so much, that we changed our plan, and on the 21st 
of July went down to Long Branch, N. J., with the children. 
We remained there till the 15th of August, when we returned 
to the city. Some days before our return, our little daughter 
was taken quite ill, and remained so for several days after our 
return before she began to improve. By the 1st of September, 
she had so far recovered, as to enable your mother to take her 



188 AUTOBIOGRAPHY 

with her to Springfield, whither the little boys went a few days 
after we came from Long Branch, and where they still re- 
mained. The little girl got quite well during the first week 
she was at Springfield. All returned to the city in good 
health on the 24th of September. 

For myself, while your mother and the children were at 
Long Branch, I came to the city every Wednesday, and re- 
mained a couple of days, attending to business, and while they 
were at Springfield, spent a day with them once a week. I 
had an ill turn near the end of August, but with the aid of 
some medicine got over it in a few days. 

Our sojourn at Long Branch was very pleasant. Beside 
bathing daily in the ocean, we met and made the acquaintance 
of a large number of intelligent and interesting ladies and gen- 
tlemen, mostly from Philadelphia. My children will find them 
all mentioned in my diary, and a full account of little Eujihe- 
mia's illness. 

Some extracts from my diary, will show the state of my 
religious feelings this year, my views of God and his works, 
and how far short I came of the true standard of Christian 
duty : 

February 1st. After an account of my temporal prosperity. — 
"Would that I could give as favorable an account of my spiritual 
welfare during the past month. My thoughts have been so intent 
on the world and its affairs that I have come far short of doing 
due honor to God. He is my only true joy ; and the only unal- 
loyed happiness I have is in communion with Him. Oh may my 
soul be drawn to Him, and become like my blessed and beloved 
Eedeemer! Lord help my unbelief and worldly-mindedness. I 
ask it for my dear Redeemer's sake." 

Sunday Evening, March 4th. — " During the last month I have 
felt the hand of my God in chastisement and in mercy. Mrs. 
Eoot has been very ill, and for a day or two my anxiety concern- 
ing her was great. She is now slowly recovering. May God in 
his mercy fully restore her. To-day the sacrament of the Lord's 
supper was administered in our church. I was alone in the family 
pew. Mrs. Foot was not well enough to attend. I was deeply in- 
terested, and my soul was refreshed by the service ; but my heart 



AND COLLATERAL REMINISCENCES. 189 

is still far from God. Oh, would that I was holy and like unto my 
dear Eedeemer ! God, sanctify me and accept of me, for Christ's 
sake." 

May 1st. After mentioning my professional success and in- 
come. — "This lays me under additional obligations to live as I 
shall wish I had when death approaches, and to use my means 
and direct my efforts to the extension of the Saviour's kingdom on 
earth. * * * The two (previous) months have passed agree- 
ably, and I hope usefully. My devotions have been attended to 
rather better than usual, and I hope the work of gi-ace is progress- 
ing in my heart ; but sometimes it appears to me, that I am still 
wholly a worldling and an entire stranger to my God. I j^ray for 
His blessing, and entreat Him to draw me into the fold of the 
Lamb." 

June 2d. — " My devotional duties the last month have been 
performed as usual. I have had seasons of sweet and holy con- 
verse with my Heavenly Father, but still it seems as if I was 
almost a stranger to Him. Oh, were I His in spirit and in truth, 
how delightful would be eveiy duty, thought, and hope ! May the 
influences of His Spirit smk deeply into my soul, is my fervent 
prayer." 

Monday, July 2d. — "Yesterday was the Sabbath, and also the 
anniversary of Mrs. Foot's and my marriage. We have lived hap- 
pliy together for four years, and no serious misfortune has befallen 
us. God has dealt kindly with us. He has brought Mrs. Foot 
into His church, and given us three healthy and promising chil- 
dren. Oh may our hearts be suitably impressed with a sense of 
His goodness ! " 

August 27th. — "While at the Branch, I was frequently deeply 
impressed with the unlimited power of the Creator, while looking 
upon the boundless ocean, watching the heavy swells as they came 
in and spent themselves upon the beach, as if they felt the restrain- 
ing influence of the command, " Hitherto shalt thou come, but no 
further.' * * * One evening when in town, while sitting at 
the east window of the second story of my house, admiring an im- 
posing thunder-storm, a flash of lightning struck the steeple of St. 
Bartholomew's church, which was within twenty rods of me. The 
flash and sound were instantaneous. They were fearful, and filled 
me with awe. I sprang involuntarily from my seat. When 



190 AUTOBIOGRAPHY 

thought resumed her sway, I could not but admire and adore 
Him, who holds the lightnings in His hands. How small is man 
compared with the wonderful works of God ! Oh, may I love and 
adore him as I ought ! " 

December 17th. — "This is my birthday. God has spared my 
life another year, and filled it with blesssings. Father in heaven, 
I give thee my sincere and hearty thanks for all thy favors during 
the past year. When I compare my own shortcomings in duty 
with the fullness of thy love and mercy, I cannot but feel the force 
of the expression, " What is man that thou art mindful of him, or 
the son of man that thou dost visit him ! " Oh forgive my sins, 
for Christ's sake, pour out thy Spirit upon me, and enable me to 
live nearer to thee ! This is the time of my life when I ought to 
be the most useful, when I should be the most earnestly engaged 
in preparing for another and better world, and promoting the eter- 
nal welfare of my fellow-men. Yet how far I am from this point 
of duty ! Although somewhat engaged iu preparation for meeting 
my God on his judgment-seat, the condition of my fellow-immor- 
tals occupy but a small portion of my thoughts. I make my 
pecuniary contributions, and with them almost terminates my in- 
terest. My thoughts are devoted to this world, its possessions and 
honors. The whole fault is in my heart, which is far from God. 
Oh may it be changed, may my aflFections be sanctified, and my 
soul fitted for heaven ! " 



1839. 

This was an eventful year for me. Several events trans- 
pired which distinguished it from other years of my life. 

The first, in order of time, and in importance, was a change 
of our ecclesiastical relations. 

Early in April, we left the First Presbyterian church in 
Wall Street, and commenced attending a church in Ninth 
Street, which belonged to the Collegiate Keformed congrega- 
tion. The new edifice, w^hich this congregation had erected at 
the corner of Fourth Street and Lafayette Place, was dedicated 
on the 9th of May. The pews were sold on the 3d of June, 



AND COLLATERAL REMINISCENCES. I91 

and I purchased an eligible one. On the 5th of that month, I 
addressed a note to the Rev. Dr. Phillips, the pastor of the 
First Presbyterian church, and asked a dismission of Mrs. Foot 
and myself from that church to the Collegiate Reformed 
church. My note closed with this remark : 

" In taking leave of the church under your care, permit me 
for myself and Mrs. Foot to express the deep sense of grati- 
tude we feel to the Great Head of the church, for calling us 
into communion with His chosen people, and to you, as His in- 
strument, in accomplishing that happy result. We regret 
separating ourselves from the Presbyterian church just at this 
time, when it promises great usefulness and harmony of action, 
but our distance from any congregation in connection witli it, 
seems to render the measure necessary. We wish it, however, 
and all connected with it, a long career of signal success." 

I received the usual certificate the next day, and presented 
it to the Rev. Dr. Knox, the senior pastor of the Collegiate 
church. 

The reasons of this change are stated in my diary as 
follows : 

" We have been led to this change, principally, on account of 
the distance from our residence of the church to which we be- 
longed. We have, for the last two years, spent upon an average 
two hours of each Sabbath in the street, walking and riding to and 
from church. We severed our connection with the Wall Street 
church with great reluctance. It is the only chiirch, which I have 
steadily attended in this city, and the one with which I united 
when I openly professed my attachment to my Redeemer. Mrs. 
Foot has attended it from her infancy. But the time spent, I may 
say, wasted, in the street every Sunday, the difl&culty of attending 
the exercises at the lecture-room during the week, and the almost 
impossibihty of sending our little ones to the Sunday school, de- 
termined us to seek another place of worship. The Presbyterian 
churches in our vicinity all belong to the Third Presbytery of 
New York, which has seceded from the Presbyterian church of 
the United States, by reason of differences in doctrine and prac- 
tice, in respect to which, Mrs. Foot and I wholly disagree with 
the secession. There is consequently no church and congregation 



192 AUTOBIOGRAPHY 

in our neighborhood, with whom we can so cordially unite, as the 
Dutch Keformed ; and I pray God to bless our choice, and render 
it a means of drawing us nearer to Him, and of bringing our chil- 
dren into the bosom of His church on earth." 

The next unusual event of the year was the separation of 
your mother and myself for nearly all of three months. On 
the 3d of June, she took the two youngest children and accom- 
panied our brother and sister, Mr. and Mrs. D. Lawrence 
Clark, to their residence in Geneva, and remained there till 
the 7th of October. Our oldest boy, John, remained with me 
in the city. On Friday, the 28th of June, I left the city for 
Utica, to attend the term of the Supreme Court, which com- 
menced there the next Monday. Finding that my attendance 
the first week of the term was not required, I went on to 
Geneva, and passed a week with your mother and our rela- 
tives ; then returned to Utica, where I was detained by pro- 
fessional duties until the 24th of July, with the exception of 
three days, which were occupied in going to Ithaca to attend a 
convention, held there on the 11th of that month, to promote 
the construction of the New York and Erie Kailroad, to which 
I had been appointed a delegate from the city of New York. 
Keturning to the city on the 24th, I remained there only a few 
days. On the afternoon of the 29th, I left with my little son, 
John, for Geneva, where we arrived on the 31st, and where I 
remained till the 2d of September, spending the whole month 
of August there. On the 2d of September I returned to the 
city, spent that month there, and on the 2d of October went 
to Geneva for your mother and the children. We all left 
Geneva for New York on the 7th of October, and arrived there 
safely on the 9th. 

Your mother and I exchanged letters almost every day. 
Our children will find them in the family coiTespondence, and 
I hope will read them, as well as the other letters which passed 
between their mother and me. 

The next event of the year, in the order of time, was the 
delivery of an argument before the Supreme Court at Utica, 



AND COLLATERAL REMINISCENCES. I93 

in favor of the constitutionality of the General Banking Law, 
passed the year before. 

This was the most important cause I had ever argued, 
both as regards the amount of property involved, and the ex- 
tent of the interests and business of the community, affected 
by the decision. I was retained while at Utica, and had only 
about one week to prepare for the argument. I employed, 
however, the whole of my time, both night and day, save the 
few hours each night required for sleep. At the request of the 
parties interested, I wrote out my argument, and had a large 
edition of it printed at Geneva, while there in August, for 
general circulation. This was done on account of the great 
interest the public felt in the question, as well as to create a 
correct public sentiment, in view of the decision, which our 
popular Court for the Correction of Errors would give on the 
question the following winter, as it was known that the cause 
would be carried to that court, argued, and finally decided 
there. 

This argument greatly increased my professional reputa- 
tion, and added largely to the number and importance of my 
future engagements. 

It is No. 23 of " Papers Written by me." I have added 
to it, the notices taken of it in the public journals, not to 
gratify my vanity, but to let my children, especially my sons, 
who are following my profession, see that reward follows 
effort. 

There are in my diary several j)articulars and incidents of 
this argument and its publication, which may interest my 
children. 

The convention held at Ithaca on the 11th of July, to pro- 
mote the construction of the New York and Erie Railroad, was 
an interesting assembly. There were a large number of dele- 
gates from the city and other sections of the state interested 
in the construction of the road, all of whom were men of high 
character, and many of them quite distinguished. I say in 
my diary : "The convention met at 12 o'clock. The residue 
of that day and the evening were passed in it. I was on the 
13 



194 AUTOBIOGRAPHY 

committee to prepare and present resolutions, and took an 
active part in forming those which were presented to the con- 
vention and adopted." My diary contains a full account of 
my journey from Utica to Ithaca, and of the gentlemen whom 
I met and passed my time with. 

The next event of the year was spraining badly my ankle, 
while running and playing with my little boys at Geneva in 
August. This kept me lame for nearly a year, and obliged me 
to use a carriage, whenever I moved from place to place, and 
to hobble about the courts. I mention this trivial incident 
merely to enable me to say, that lawyers are good for some- 
thing beside serving their clients. For after trying numerous 
remedies prescribed by physicians without material benefit, 
my sprain was cured in three weeks, by an application recom- 
mended by a brother lawyer, the late Joseph Blunt. It was 
simply, giving my ankle three times a day, a bath, as hot as I 
could bear it, in a strong decoction of wild cherry bark. 

The next and a far more interesting event was the birth of a 
second daughter at Geneva on the 31st of August. The entry 
in my diary respecting it is as follows : 

" This last little one is our fourth child ; and for her I re- 
turn most sincere thanks to the Creator of all things, and espe- 
cially for her being perfect in body, and endowed with ordinary 
faculties. May she live to His glory and the good of her fel- 
low-creatures." 

The last event of the year, worth mentioning, was the 
delivery of a lecture on the evening of the 26th of December, 
at the Lyceum, in Brooklyn, before " The Hamilton Literary 
Association," on " The Moral Influences of Eevulsions in 
Trade." 

I had a large audience ; the lecture was well received, and 
as I afterwards learned, highly approved. The Society passed 
and sent me a resolution of warm thanks for my " very able 
lecture." 

This lecture was not written, but delivered from very brief 
notes, hardly anything more than clue-words. They are 
5imong my old papers of this year. 



AND COLLATERAL REMINISCENCES. 195 

My time this year was mainly and earnestly devoted to my 
profession. Social duties, of course, took up some portion of 
it, and I was able also to read occasionally something beside 
the daily journals. I had no regular exercise beyond walking 
to and from my office before spraining my ankle ; nor any re- 
creation beside that taken at Geneva, with the excej)tion of a 
couple of days in February, which your mother and I passed 
in visiting your grandmother and aunt Eliza at Springfield, 
and a trip of pleasure and business, which we made to friends 
in Philadelphia on the 20th of that month, and which occu- 
pied only three days. 

While at Greneva, my time, except that portion of it in 
August occupied in superintending the printing of my argu- 
ment, was spent in fishing, riding, rowing on the lake, social 
intercourse, and light reading. 

Beside the time spent at Utica, my professional engage- 
ments took me out of the city four times, and each of those 
times to Albany. The first time early in April, the second in 
the first week of May, and the third and fourth in November. 
My absence each time, however, was only for a day or two. 

That my sons, especially those following my profession, 
may see in how many ways my professional acquirements were 
called into requisition, I will mention that in March, " The 
Fulton Ferry Association " retained me in some controversies, 
which they anticipated, and at their request I wrote an article 
for the public journals, which is No. 24 of " Papers Written 
by me." 

Some extracts from my diary, showing the state and cur- 
rent of my religious feelings and duties, will close my account 
of the year 1839 : 

March 4th, Monday. — "The sacrament of the Lord's supper 
was administered in our church yesterday. Mrs. Foot and I 
attended. It was an unusually interesting season for us, as we 
expect to leave the Wall Street church and unite with one in our 
neighborhood. It sometimes appears to me as if my soul was des- 
titute of heavenly grace ; at others, as if I had felt the full force 
and benefit of the renewing influence of God's Spirit At these 



196 AUTOBIOGRAPHY 

times my soul rejoices in the full assurance of reconciliation with 
God in Christ." ' 

May 11th. — "My religious duties in my family have been 
regularly performed during the last two months, and I hope with 
increased interest. Although still absorbed by the world and its 
pursuits, I feel occasional assurances that God in His mercy is 
ripening me for heaven, through the blood of my Eedeemer." 

June 17th, Monday. — "The sacrament of the Lord's supper 
was administered yesterday, in which I united. * * * The 
communion yesterday was delightful and refreshing to my spirit. 
I do not recollect a similar occasion on which my communion Avith 
my Father and Saviour was more full and perfect, and on which I 
enjoyed more highly the presence of my God. I only regretted my 
dear wife was not with me, but I consented to her going to Geneva, 
indeed promoted it, and ought not now to regret it." 

September 4th. — "Thus my summer has been happily and 
prosperously passed, so far as all temporal interests are concerned. 
My Heavenly Father has been merciful and kind to me. He has 
kept me and mine in life and health. Indeed there is nothing more 
which I could reasonably desire ; and now comes the solemn ques- 
tion, what returns have I made for all these benefits ? The humili- 
ating answer is, none. My devotions have, it is true, been reg- 
ular, but oftentimes dull and lifeless. This and many other like evi- 
dences show me, that my heart is cold and is not with my God. I 
do not love His word as I ought. My affections are not on Him 
supremely. They are on the world — the empty, dying world. 
God, whither shall I flee? Nowhere, nor to any one except to 
the arms of my Eedeemer. Do, blessed Father, help me to Uve 
nearer to thee — take me and mine into thy holy keeping, and let 
me not go astray — save me, for thy Son's sake." 

November 17th, Sunday Evening. — " Our little Mary was bap- 
tized during the afternoon service. Dr. DeWitt performed the 
service in the pulpit, and Dr. Knox at the font. Mrs. Foot and I 
repeated our vows to bring up our children in Christian principles. 
May God add His blessing to this dedication of our child to 
Him." 

December 17th. My birthday. — "I am afraid to say, and yet 
I feel almost assured, that the work of grace has somewhat pro- 
gressed in my heart. My religious duties are more and more 



AND COLLATERAL REMINISCENCES. I97 

agreeable to me. * * * I pray my Heavenly Father to aid me 
ill my endeavors to be at peace with Him in Christ. My life is 
drawing rapidly to a close, and I hope to be in readiness to depart 
when my summons comes." 

1840. 

The closing sentence of my diary on the first day of this 
year is as follows : " I hope, with the blessing of God, to live 
a better life this year than I have ever done before, and to 
accomplish more for myself, my family, and my fellow-men, 
than I have ever before in one year." To realize this hope, I 
found it not only useful, but essential, to go back to the 
writing of my diary daily. After omitting to write it from 
the 2d of March to the 22d of June, and then recording from 
recollection the occurrences in the meantime, I say : 

" I have neglected my diary too long, and shall hereafter write 
it more frequently, as I need the checks, which it makes against 
the approaches of negligent habits." On the 30th of that month, 
my diurnal entry closes thus : " I already derive a benefit from the 
writing of my diary daily, and, with God's blessing, I hope to con- 
tinue it with further profit to my soul and mind. It especially 
checks me in regard to misspending time." In my diary of the 
next day but one (July 2d), I write : " I perceive more clearly, 
every day, the advantages of my diary. I do not know hoAV I could 
suspend it so long. When left to myself, the downward tendencies 
of poor humanity produce upon me their natural effects; but 
with the aid of the blessed Spirit, I hope to counteract them and 
elevate my affections and thoughts to a standard approaching, at 
least, the high destiny of an immortal soul." 

From that time forward to the present day (March 8th, 
1869), I have written my diary daily, except when prevented 
by some cause beyond my control, and intend to do so while 
life lasts. 

My profession this year occupied so large a portion of my 
time, and made such heavy exactions upon my powers of body 
and mind, that my health gave way near the close of it. 



198 AUTOBIOGRAPHY 

My social duties as usual took a portion of my time ; 
general reading had a small share of it, and on some eight or 
ten different occasions, I was able to devote a short time to 
reading Virgil. 

My exercise, this year, was less than usual, and consisted 
mainly in walking to and from my office when the weather 
would permit ; nor was I able to obtain my usual recreation 
and relief from business during the months of July and 
August. The Court of Chancery held a session in July at 
Saratoga Springs, and the Court for the Correction of Errors 
in August and September, at the same place, both of which I 
was obliged to attend, and argue several important causes at 
each. To this I attribute mainly my illness at the close of 
the year. 

My professional engagements this year increased more in 
importance than in numbers. I was so engrossed by them, 
that I made but one public address, and wrote but one article 
for the public journals during the year. 

My professional duties took me frequently from the city, 
and obliged me to spend considerable time out of it. 

On the 14th of February I went to Albany, to take part 
in the argument before the Court for the Correction of Errors, 
on the constitutionality of the General Banking Law. I com- 
menced my argument on Saturday the 22d of February, and 
completed it on the Monday following. It was merely a con- 
densation of my argument of the same question before the 
Supreme Court — was well received and favorably spoken of in 
the public journals. I returned home on the 27th. On the 
first Tuesday of April, I went again to Albany, to hear the 
decision of the court on the constitutionality of the G-eneral 
Banking Law, and to argue several causes at a special term of 
the Supreme Court, two of which were of considerable im- 
portance. I was detained there several days. The Court for 
the Correction of Errors having decided that the General 
Banking Law was constitutional, I went again to Albany on 
the third Tuesday of April, to obtain the passage of a second 
resolution by the court respecting the General Banking Law 



AND COLLATERAL REMINISCENCES. • I99 

— was heard on the subject before the court, and succeeded. 
This detained me in Albany some days. 

On the 20th of July, I went to Saratoga Springs, to attend 
the Court of Chancery, and was detained there till the 25th, 
when I returned to the city. While there I was constantly 
engaged in court. On the 14th of August, I went again to 
Saratoga Springs, to attend the Court for the Correction of 
Errors, having several causes on the calendar for argument at 
that session of the court. I argued one of them and returned 
to the city on the 21st. I went again on the 1st of September 
and remained there till 9th. While there on this occasion, I 
was occupied almost daily in the argument of causes. I argued 
three. The last one was a very important one. It involved 
the validity of the provisions of a will disposing of a large real 
and personal estate. Their validity depended on a true con- 
struction of our then late statutes, which constituted our then 
new system of law of real property. My diary contains the 
following entry respecting this argument : 

" I am thankful to my Heavenly Father for the possession of 
health and talents which enabled me to make this argument. 
The universal opinion was, that it was the best argument which 
had been made in the court, while any of the present members had 
belonged to it, especially on the subject of our new system of law 
of real estate and trusts. This is great cause of just thankfulness, 
considering that the most eminent counsel in this state were 
engaged in some of the earlier causes involving many of the prin- 
ciples of that system. I had many congratulations on the adjourn- 
ment of the court, and my friends apprised me of the opinions 
entertained of the argument." 

My recreation and relief from business this year was un- 
usually limited. Your mother and I spent a day with your 
grandmother at Springfield in April, another day with her in 
May, and a Sabbath with her near the end of June. Our lit- 
tle daughter, Mary, becoming ill in the city, we were advised 
to take her to the sea-shore. On the 16th of July I took your 
mother and the children to Rockaway, and returned to the 



200 ■ AUTOBIOGRAPHY 

city the next morning. Your mother and the children remained 
there till the 10th of August and then came back to town. 
While your mother and the children were at Kockaway, I 
was able only to pass two Sabbaths with them in July, and in 
August, make them a couple of visits of three days each. On 
the 24th of August, your mother and the children went over 
to Springfield to pass a few weeks with your grandmother. 
They remained with her till the 14th of September, when they 
returned to town. While they were at Springfield, I passed a 
couple of Sabbaths with them, and made them two visits, one 
of one day, and the other of two days. These closed my re- 
creation for the year. 

Alfred was born on the 25th of October. Your mother 
was carried safely through " the peril of child-birth." On 
the 29 th of that month, I wrote an article of considerable 
length for the public journals, which was published but has 
not been preserved. It related to a temporary matter. On 
the 20th of November, I delivered an address, or rather an 
argument, in favor of a Bankrupt Act, before an association of 
gentlemen who favored such a measure, and had called a pub- 
lic meeting to deliberate on the subject. It was reported and 
published, and is No. 25 of " Papers Written by me." 

I was taken ill on the IStli of December, but not confined 
to my house till the 20th ; but from that day onward, for 
several weeks, was so confined. A fuller account of this sick- 
ness will be given in the next year. 

Some extracts from my diary will show the manner in 
which my religious duties were performed this year, and my 
spiritual condition : 

March 2d. — " I can see no improvement in my mode of life, 
unless it may be in the increased happiness which I derive from 
performing my devotional duties. My attendance at church is 
uniform and more and more agreeable to me. I hope the work of 
grace is progressing in my heart, and that as I approach the grave, 
my soul is becoming fit for the presence of my God. Unless self- 
deceived, my interest in my Eedeemer increases, and he grows 
more precious to my soul. My connection with the Eeformed 



AND COLLATERAL REMINISCENCES. 201 

Dutch Church continues to be agreeable, and becomes more so, as 
my acquaintance with the congregation and pastors extends and 
improves. The church appears to be united and happy." 

July 6th, Monday. — " My established hours and habits, and 
which I intend to pursue, are as follows : Wlien I first enter my 
library in the morning, I engage in private prayer, then read a 
chapter in Scott's Bible, with the notes and practical observations (I 
have now reached the 67th psalm, which I read this morning, and 
intend to go through the Bible in course, having in that manner 
read to the psalm in question), after that write my diary of the 
day previous, then read the morning paper ; walk, if time and 
weather permit, till 10 or 15 minutes before 8 o'clock, when Mrs. 
Foot and the children come into the libraiy and we engage in 
family prayers; these devotions are usually brief, so as not to 
weary the children and give them a distaste for them — scarcely 
exceeding ten minutes. We breakfast at 8 o'clock. We have 
family prayers generally in my library, though sometimes in the 
parlor at 10 o'clock p.m. I usually read a chapter and then pray. 
At this hour the children are not present, as they are sent early 
to bed." 

July 9th, Thursday. — " Dressed and in my lil^rary this morn- 
ing at 6-]- o'clock — usual private devotions and reading, but was 
more deeply interested than usual — had a closer and sweeter con- 
verse with God, and spent a delightful hour." 

July 13th, Monday. — " My manner of spending yesterday was 
very far from what it ought to have been, and when I came at 
evening to review the duties of the day, and noticed my deficien- 
cies and departures from a just observance of it, I could not but 
feel deeply humbled and sincerely penitent. I read but httle dur- 
ing the day. Only one chapter with notes and observations in the 
morning, and one chapter at evening devotions. Besides this, I 
read a few articles in the Observer after breakfast and before 
church. Mrs. Foot and I attended church forenoon and after- 
noon. Our two httle boys were with us. My attention in church 
was only tolerable, though better than it has sometimes been. The 
services were excellent. Many of my thoughts and reflections at 
home were holy and heavenward, and considerable of the conver- 
sation, which Mrs. Foot and I had, was appropriate to the day and 
edifying. A good deal of my time, however, was whiled away with 



202 AUTOBIOGRAPHY 

the children. On coming out of church in the afternoon, I made 
some light remarks to a friend, inconsistent with the solemnity 
which ought to have, and, indeed, did characterize my feelings 
after hearing the sennon of Dr. DeWitt. This occurrence, on re- 
flection, gave me unhappiness, and added to my regrets respecting 
the mode of passing the day. All this only shows me, how sinful 
I am, and how far my soul is fi-om God, and convinces me, if left 
to myself, I should soon be an outcast from His presence. God, 
have mercy on me ! Do not leave me to become my own keeper, 
but take me into thy holy keeping. I ask it for Christ's sake." 

October 25th. The day of the birth of Alfred.—" God has 
given us another perfectly-formed and healthy boy, whom we shall 
name Alfred. Mrs. Foot appears to be doing well. For these evi- 
dences of the goodness of my God, I return my sincere and hearty 
thanks. This is the fifth healthy and well-formed child that has 
been given us. No death in our family has interrupted the hap- 
piness of Mrs. Foot and myself since our marriage, nor have we 
had much sickness. Our kind Parent in heaven has dealt mer- 
cifully with us. And now, God, I commit this httle immortal to 
thy holy keeping, and pray thee to receive him as thine old child 
in Christ." 

December 17tli, Thursday. — " This is an interesting day to me. 
It is not only my birthday but Thanksgiving day. Both events 
lead to a careful and considerate review of the past year. The 
fiirst and most impressive thought, is the goodness of my God in 
having preserved me from my infancy to this time, and fed, 
clothed, and protected me and mine during the past year. This 
day I am fifty years of age, and have lived half a century. How 
short the time appears, and how little have I accomplished for the 
good of my fellow-men and the glory of my God ! Twenty-seven 
years, within a few days, have been spent in my profession. I have 
done a vast amount of business, and in this respect my life has 
not been altogether barren, though I ought to have at this time a 
more commanding professional reputation. My views have not 
been as expansive and elevating as they ought to have been. I have 
been too readily contented with accomplishing successfully and 
satisfactorily the business in hand. If my hfe is spared another 
ten years, I hope to feel and exhibit a more enlarged view of my 
profession. The last year has yielded me a rich harvest of profes- 



AND COLLATERAL REMINISCENCES. 203 

sioual success. My business has been of a liigli character and pro- 
duced an abundant reward. God has especially blessed me in my 
family the last year. He has given us another child, perfect in 
form and endowed with ordinary faculties. My family has en- 
joyed almost uninterruiited health. We have had a happy and 
prosperous year. Mrs. Foot and I are very happy in our con- 
nection, and it is to be hoped that we live in reverential fear of 
God, and in accordance with His ordinances. She is certainly 
very dutiful and affectionate to me, and a most vigilant and faith- 
ful mother. It is with deep and heartfelt gratitude to the Giver 
of every good and perfect gift, that I return Him thanks for a 
virtuous and afiFectionate companion. Our children all continue 
promising. May God continue to bless and prosper us, and may 
we reward His love by more holy and lovely lives." 



1841. 

1 

The beginning of this year found me prostrated by sick- 
ness and confined to my house. The entries in my diary will 
give the best account of the condition of my mind and body : 

Wednesday, January 6th. — "My Heavenly Father has seen 
best to afflict me with a severe illness. I have been confined to 
my house since the 20th of December last, and am still so con- 
fined. I have been greatly reduced by my disease and the reme- 
dies applied, though I am now gradually gaining my strength. 
The seat of my disease is my liver. It does not yet appear to be 
in full performance of its functions, and I fear a tedious confine- 
ment to my house yet awaits me. But God's wiU be done. " Whom 
He loveth He chasteneth." He sends sickness or health as the 
good of his children require. * * * I have been able to read 
considerable for the last two or three days, and yesterday held two 
consultations with clients on business. This is the first illness 
which has ever overtaken me. God has spared me till this time, 
aud given me the enjoyment of uninterrupted health. For this my 
thanks should be unbounded. I needed the admonition of this 
sickness to arrest and modify my ambition and worldly-mindedness. 
May it be sanctified to me and my companion, and teach us to be 



204 AUTOBIOGRAPHY 

ready for all God's providences, whatever they may be and when- 
ever they may come. Should my Heavenly Father permit me 
to enjoy a full restoration to health, I shall be able more fully 
to appreciate the blessing, and shall take more care to preserve 
it." 

Thursday, January 14th. — " I am still confined to my house, 
though my health is considerably improved. I have ridden out 
twice, and been once down to my office and spent an hour and a 
half there. Still my strength is far from being restored, and the 
functions of my body are still imperfectly performed. My God has 
the issues of life and death in His hands, and to His decrees I trust 
I am ready to yield a willing obedience. He has kept me from my 
youth upwards, delivered me from many temptations, and saved 
me in the midst of many perils. Why should I not now trust in 
Him, and wait His own good time in restoring me to health ? 
God, thou art my Creator, Preserver, and bountiful Benefactor. 
Thou art too my Redeemer and Saviour. The blessed Jesus, one 
of the Godhead, died for me and is now my intercessor at the right 
hand of the Father on the throne of gloiy. How many reasons I 
have to put my trust in my Heavenly Father, and say, Not my 
will, but thine be done." 

" Since last writing my diary, I have occupied my time in read- 
ing, writing letters to friends, and attending to such professional 
business as could be accomplished at my house. We resumed our 
family devotions at 10 p.m. several evenings since. Mrs. Foot has 
read a chapter every evening, and I have been able to make a 
prayer. Mrs. Foot attends to the children's devotions morning and 
evening. I hope soon to resume all our usual devotions, and trust 
my illness will give them a more marked character of earnest- 
ness." 

Finding that business was pressed upon me, and that my 
health improved slowly, I left the city on the 19th of January 
accompanied by my nephew, Thomas A. Davies, and went to 
Hartford,Connecticut, to pass a few days with my nephew, Prof. 
Charles Davies, and his famil)^ My health improved thei;e 
far more rapidly than in the city. My time was passed agree- 
ably. I rode and walked, and wlion in the house, read, played 
chess with the Professor, and conversed with him, Mrs. Davies, 



AND COLLATERAL REMINISCENCES. 205 

and friends wlio called. On the 23d of January, the Professor 
and I went over to Watertown to visit my brother and sister 
Scovill, on the old farm where I was born. We staid there 
several days. My health improved rapidly while there and 
breathing my native air; so that on our return to Hartford, on 
the 27th, I felt quite well. The next day I returned to the 
city and resumed my usual duties. I found, however, after a 
while, that my health was not as firm as before my sickness. 
Daily attention to my diet and exercise became necessary. I 
walked every morning before breakfast, unless prevented by 
severe weather. Finding that did not give me sufficient exer- 
cise, I rode on horseback from three to five miles every morn- 
ing the weather would allow, until I went West in July fol- 
lowing. I had occasional turns of illness in May and June, 
and again after my return from the West, in September, Octo- 
ber, November, and December. On the 13th of November, I 
say in my diary : " My health has not been perfect for some 
time past, and I have taken to an entirely vegetable diet, 
which has greatly improved it." These sicknesses were not so 
severe as to prevent me entirely from attending to my profes- 
sional duties, but constantly warned me of the uncertain 
tenure of my health. On the 17th of December, my birthday, 
I wrote : 

"My own health, though imperfect during a considerable part 
of the year, seems now to be quite restored, which I attribute to a 
blessing on a more self-denying course of diet than I have hitherto 
pursued." 

This year was almost wholly given to professional and 
social duties and miscellaneous reading. My professional 
engagements were in general of a high order, and called into 
intense action all my poAvers. This j)roduced a heavy strain 
on my health, and was generally the principal cause of my 
ill turns. 

The instruction and training of my children began this 
year to require a larger portion of my time, while your mother 
never ceased to give her whole head and heart to the care of 



206 AUTOBIOGRAPHY 

your health, and to your intellectual, moral, and religious in- 
struction and training, she yet needed and received assistance 
from me. We always acted in entire harmony in everything 
that concerned your temporal and spiritual welfare. 

I had but little time this year for public duties. The pas- 
sage of a Bankrupt Act by Congress attracted a large share of 
public attention. I favored it, as already mentioned in my 
account of last year, and in March wrote a full article upon the 
subject for a periodical published in New York called Arc- 
turus. The article is No. 26 of " Papers Written by me." It 
was noticed and commended in several public journals. 

My professional engagements took me to places outside of 
the city several times during the year. I attended the 
Supreme Court at Utica from the 15th to the 21st of July, 
and the Court for the Correction of Errors at Buffalo from 
the 6th to the 11th of August. I argued several causes at 
Utica, and one important one at Buffalo. I attended a Cir- 
cuit Court at Ithaca, on the 31st of August and 1st of Sep- 
tember, and commenced the trial of a very interesting cause 
for my nephew, Thomas A. Davies. The trial was suspended 
in consequence of informality in taking the testimony of some 
foreign witnesses. In the second week of October, I spent a 
couple of days at Albany in professional business. 

My recreation and relief from business after my return from 
Hartford, Connecticut, consisted in visits to Springfield and 
Geneva. 

While your mother with some of the children was passing 
a week with your grandmother at Springfield the latter part of 
May, I went over and spent a couple of days there. On the 
8th of July your mother and I with all the children left the 
city for Geneva, to pass a couple of months with our brother 
and sister, Clark. We remained there till the 6th of Sep- 
tember, when we returned to town. My own stay there was 
interrupted by the professional engagements, which took me 
to Utica, Buffalo, and Ithaca as already mentioned. While at 
Geneva, my time was passed in reading, paying and receiving 
visits, riding, walking, fishing, and sailing on the lake. My 



AND COLLATERAL REMINISCENCES. 207 

health was greatly improved by this recreation and relief from 
business, and when I returned to the city, seemed to be fully 
restored ; but I soon learned the contrary. 

Your mother took Euphemia and Alfred and went over to 
Springfield on the 22d of September, to pay your grandmother 
a short visit. A few days after, I took John and Samuel, 
went over and passed a couple of days. "We then all returned 
to the city. This completed my year's recreation. 

Some extracts from my diary will show the state of my 
religious feelings after my restoration to health, the manner 
of discharging my Christian duties, and my efforts to lead a 
holier life. 

March 20th, Saturday. The day following the evening in 
which our little boy, Alfred, was baptized. — " It is a great privilege 
to be allowed to dedicate our little ones to the Lord, who gave 
them to us — to place them as it were under His special protection, 
and within the pale of His church on earth. God, accept my 
sincere and hearty thanks for the enjoyment of this precious 
privilege — receive this little one as thine own in Jesus — take him 
to thyself, and so order that he may be raised in thy fear and ad- 
monition. I ask it for my Saviour's sake." 

Monday, March 22d. — " The sacrament of the Lord's supper 
was admmistered yesterday forenoon, of which Mrs. Foot and I 
partook. It was most acceptable to my feelings, yet led me to a 
severe scrutiny of myself, from which my sinfulness was more 
manifest and heinous than ever before." 

April 3d, Saturday. — " I have not mentioned for some time our 
daily devotional exercises, and now refer to them only to say, that 
they are continued with increased regularity, and I hope with 
increased pleasure." 

Tuesday, April 6th. After stating that the day and evening 
had been devoted to business. — " This devotion to business would 
quite absorb me, but for the kind and ever-wakeful care of my 
Heavenly Father, who has led me to consider my latter end, in 
whose worship I take unalloyed pleasure, and the influence of which 
restrains me from an entire suiTender of myself to the things of 
the worid." 

Wednesday, April 7th. — " Bead a full chapter yesterday mom- 



208 AUTOBIOGRAPHY 

ing, and felt its influence during the day. There is no preparation 
for the duties of tlie day so effective and dehghtful, as communion 
with my Heavenly Father by prayer and reading His "Word. His 
Word is His will for my guide and instruction." 

Saturday, May 1st. — " Yesterday was the close of ray fiscal year. 
My income from my profession was larger last year than ever 
before. For this, I trust, I am truly grateful to the Giver of every 
good and perfect gift." 

Thursday, July 1st. — " Eead yesterday morning and completed 
the third volume of Scott's Bible. I begin this morning the Pro- 
phecies, which are contained in the fourth volume. Thanks be to 
thee. Heavenly Father, for inclining my heart to the reading of 
thy Word. May my soul grow in heavenly graces, until it is fit 
for thy presence." 

Sunday, July 4th. — " This is the anniversary of our national 
independence, and again I have to thank my Heavenly Father for 
continuing to me through another year the enjoyment of civil 
and religious liberty, and the protection of my rights of person and 
property. Blessed Father, thou dost deal mercifully in all things. 
May I rejoice in thy love and care, glory in thy name, and submit 
myself to thy will." > 

Monday, July 5th. — " Attended church yesterday forenoon and 
afternoon. Heard Dr. DeWitt in the forenoon, and Dr. Knox in 
the afternoon. Dr. DeWitt preached a sermon appropriate to the 
day. The thoughts of the world crowded in upon me during the 
services in church, and deeply humbled me. The things of this 
world, especially my property and the increase of it, distract and 
occupy my thoughts too much, so much indeed, as frequently to 
give me great unhappiness. This is wholly inexcusable, very sin- 
ful, and shows the unholy state of my heart. Gracious God, give 
me the aid of thy Spirit to subdue this worldly-mindedness, and 
bring my heart under the purifying influence of holy love. Help 
me to judge rightly in respect to the amounts and objects upon 
which I should bestow that portion of the property thou hast given 
me, in promoting the good of my fellow-men and thy glory on 
the earth." 

MEMORANDUM. 

Very often, indeed almost every Sunday during the years 
your mother and I were members of the Collegiate church, do 



AND COLLATERAL REMINISCENCES. 209 

I mention in my diary the faithful, excellent, instructive, and 
impressive sermons delivered by the pastors, Drs. Knox, De- 
Witt, Vermilye, and Brownlee — the great benefit we derived 
from attending on their ministry, and the hajjpy state of our 
ecclesiastical and ministerial relations. I feel a dee^) debt of 
gratitude to them for their fidelity to me and mine. 

Sunday, August 15th. A few days after my return to Geneva 
from Buffido. — " I have not read my Bible as regularly as usual. 
This shows me how far I am fi'om God, and how necessary is con- 
stant watchfulness to keep myself in the course of my usual daily 
duties." 

Monday, September 13th. — "Spent yesterday better than my 
Sabbaths are usually spent. Attended church forenoon and after- 
noon. The services were delightful to me, after so long an absence 
from my usual place of worship. I also read more than usual dur- 
ing the day, and was less disturbed with worldly thoughts than 
ordinarily." 

Monday, November IStli. — " Yesterday was a delightful day to 
me, and I think I can say better spent than any Sabbath within 
my recollection, though many worldly and visionary thoughts 
crowded into my mind during the day, and even in church ; the 
current of my thoughts and feelings, however, was heavenly. 
* * * Went to Sunday-school with the boys and opened it 
with prayer." 

Monday, December Gth. — " My Sabbath yesterday was far from 
being well spent. The thoughts of the world continually beset 
me, and prevented me from discharging the duties of the day as I 
ought. God, forgive me for this abuse of thy holy day, for my 
Saviour's sake, and give me the aid of thy Spirit to live a more 
holy hfe." 

December 9th, Thursday. — "This day has been set apart by 
the Governor of this state as a. day of thanksgiving and prayer for 
past mercies. It reminds me of the passing of another year, and 
of the goodness of my Heavenly Father. He has bountifully pro- 
vided for all my wants, and truly crowned my life with His loving- 
kindness. Yet how far has my life been from that holiness of 
spirit which is due to Him." 

Monday, December 30th. — "I attended church forenoon and 



210 AUTOBIOGRAPHY 

afternoon. We celebrated the Lord's supper in the morning. It 
was a refreshing season to my soul. My thoughts were with my 
God and Saviour. Oh, how dehghtful thus to commune with 
Him, and dedicate myself anew to His service and a holy life ! 
Heavenly Father, let me have the aid of thy Spirit to live in com- 
munion with thee." 

I have never entered in my diary my contributions to religious 
and charitable objects, acting in the spirit of the direction of the 
Saviour, " Let not thy left hand know what thy right hand doeth;" 
but have always given to those objects what I deemed it my duty 
to give. 



18 42. 

This year is commenced by a remark in my diary, that " In 
the review of the past year or two, I do not see that I can 
make any arrangement for the use of my time and discharge 
of my duties, better than that which I have pursued." 

My time this year, as last, was almost wholly occupied in 
professional and social duties. I found time, however, to read 
a good deal, and give considerable attention to my children, es- 
j)ecially to the education of my two boys, John and Samuel C. 

There were this year three professional incidents, which 
drew public attention favorably towards me. 

The first was a trial at the Tompkins County Circuit, held 
at Ithaca, early in March. It lasted ten days, involved a large 
sum of money, and developed a romantic and gigantic fraud, 
contrived and carried into execution by a man of great wealth 
living in that county, by means of which he fraudulently 
obtained from merchants in the city of New York a large 
amount of goods, employing for that purpose unscrupulous 
agents, and furnishing them with funds to accomplish the 
object, while he kept himself out of view, and apparently had 
no connection with the fraud. My nephew, Thomas A. 
Davies, was one of the largest victims of this fraud, and was 
the party interested in exposing it. We Avere successful. I 
say in my diary : " The argument which I made to the jury 



AND COLLATERAL REMINISCENCES. 211 

was probably as happy a professional effort as I ever made.'' 
The trial attracted a large share of public attention in that 
part of the state, and is even still (1869) remembered and 
often spoken of 

The second incident was an argument before the Supreme 
Court, and a few Aveeks after, before tlie Court for the Cor- 
rection of Errors, involving the right to control the city gov- 
ernment for that year. The Whigs claimed to have elected a 
majority of the Common Council. This was denied by the 
Democrats. The question was first argued before the Supreme 
Court. I closed the argument in that court on the side of the 
Whigs, on Saturday evening, the 28th of May. The court 
decided in our favor on the following Monday. My argument 
was published in several of the city papers. A copy from the 
Courier and Inquirer of the 13th of June, and a remark of the 
editor, is No. 27 of " Papers Written by me." The question 
was again argued before the Court for the CoiTection of Errors, 
near the close of June. I delivered my argument in -part on 
the 29th of that month, but being unwell, asked the court to 
adjourn and allow me to finish it the next day, which they did. 
It was one of my best efforts. In my diary is this entry : 

" I am happy to find that it (my argument) was well received, 
and by many it is said to be equal to any argument ever delivered 
in that court." 

The third and last incident was on this wise : An earnest 
controversy arose between Colonel William L. Stone, the 
editor of the Commercial Advertiser, and J. Fennimore 
Cooper, the author of the Naval History of the United States, 
respecting a criticism published in the Advertiser on the nar- 
rative of the battle of Lake Erie contained in that history. A 
suit at law was 2:)ending between the parties, and they agreed 
to submit the questions arising in the suit, and other special 
questions relating to the narrative and criticism, to arbitra- 
tion. Mr. Cooper selected Samuel Stevens, an eminent lawyer 
of Albany, Colonel Stone, Daniel Lord, jr., an eminent lawyer 
of New York, and the parties mutually agreed upon me as 



212 AUTOBIOGRAPHY 

the third arbitrator. The hearing before the arbitrators took 
place in May, and occupied several days. Eminent counsel 
were employed on both sides. I presided. We sat in the 
United States court-room. The trial attracted a large share 
of public attention, and drew daily a large audience of ladies 
and gentlemen. Mr. Cooper made the closing argument on 
his own side. He was brilliant and able. 

We made our award on the 16th of June. I differed with 
my co-arbitrators on several questions submitted to our decis- 
ion. My dissenting opinion was published with the award. 
It is No. 28 of " Papers Written by me." It carried the pub- 
lic judgment with it. Mr. Cooper some months afterwards 
wrote and published a pamphlet to neutralize its effect, but I 
believe that the public mind settled dov/n on the opinion, that 
the narrative of the battle was unfair in the particulars de- 
cided by me to be so. 

I made a couple of public addresses this year before full 
audiences. 

One was a short address for the Institution of the Blind, 
delivered on the 24th of August in the Reformed Church of 
Geneva. About a dozen of the pupils of the Institution were 
traveling through the country to exhibit their proficiency in 
knowledge, and commend the Institution to public favor. 
They stopped at Geneva. A large audience assembled to 
witness their exhibition. My address was made on this occa- 
sion. I say in my diary, " I understood my address was well 
received." 

The other public address which I made this year, was be- 
fore a meeting held at Newark, N. J., on the evening of the 
24th of November, to promote the circulation of the Bible. I 
have preserved only outlines of these addresses. Neither of them 
was written out or published in full. They were only briefly, 
though creditably, noticed in the published accounts of the 
meetings. 

My profession took me frequently from the city this year. 
I spent three weeks at Ithaca in the latter part of February 
and early part of March, waiting for an opportunity to try, 



AND COLLATERAL REMINISCENCES. 213 

and trying tlie cause already mentioned, and three days in 
April at Albany, trying a cause in the Circuit Court then in 
session there. 

While at Geneva, in August, I went twice over to Ithaca, 
and on one of these occasions, spent several days there prepar- 
ing papers to meet a motion for a new trial in my nephew's 
case. Near the end of September, I spent a couple of days at 
Utica to aid my client and friend, David C. Judson, of Ogdens- 
burgh, in a case he had there for trial. 

In the forepart of October, I went to Albany and was 
occupied there in the Court of Chancery nine days, arguing 
and resisting a motion for a new trial in my nephew's case, and 
in which we were successful ; and again early in December, I 
spent a week at Albany attending the Court of Chancery and 
the Court for the Correction of Errors. 

My exercise this year, in the city, consisted only in walking 
as opportunity offered, and an occasional ride on the Island 
with your mother and some of the children. My recreation 
and relief from business, however, were considerable, and 
greatly improved my health. I passed three days at Spring- 
field in the latter part of April. My two boys were with me. 
We spent the whole three days in recreation. Your mother 
went over to Springfield on the last day of June, and took 
several of the children with her. She staid till the 28th of 
July. I went over with them and remained several days, be- 
ing ill from over-work in my profession. While your mother 
was at Springfield, I went over every few days and sometimes 
staid several days — nearly half my time was passed there, fish- 
ing, walking, riding, visiting, and light reading. 

On the 28th of July, your mother and I, with the children, 
who were with us, came to the city and proceeded to Geneva, 
where some of our children already were, they having gone to 
Geneva with their Uncle and Aunt early in the season. Your 
mother and the children remained in Geneva till the last of 
September, when they returned to the city. Mr. and Mrs. 
Clark came with them. I returned to the city and resumed 
my usual duties on the 1st of September, but went to lodg- 



214 AUTOBIOGRAPHY 

ings, our house having been repaired and painted during the 
summer, not being yet ready for occupancy. My month of 
August at Geneva was given up to rest and recreation. I 
spent it in hunting, fishing, riding, walking, sailing on the 
lake, visiting, and light reading. My health was materially 
improved, and on my return to the city seemed to be fully 
restored. The only additional recreation this year consisted 
in passing a few days at Christmas at Springfield, with my 
two sons, John and Samuel, skating, coasting, and other 
amusements on the ice and snow. 

While recreation and cessation from business brought my 
health up to nearly or quite a sound state, yet the exactions of 
professional cfibrts soon showed me it was far from perfect. I 
had several turns of illness during the year, and on two or 
three occasions was obliged to withdraw from business for some 
days and resort to medical aid. 

Feeling that the tenure of my life was precarious, I 
deemed it my duty early this year to make a will, which I did 
on the 16th of February. It was in the following words : 

" I give and devise all my real and personal property, of every 
description, to my wife Jane and her heirs, and appoint her execu- 
trix of my will." 

Attached to it was a memorandum in the following words : 

" My dear Jane will see by my will, that I have given all my 
property to her. My motives, I presume, will be plainly seen by 
her and my children ; but to avoid any misapprehension in that 
respect I state, that reposing unlimited confidence in the judgment 
and principles of my dutiful and affectionate wife, and knowing 
her fidelity as a mother, I have thought this disposition of my 
property would best enable her to discharge the responsible duties 
of a parent to our children, which will devolve on her alone after 
my decease. 

" Having thus discharged my duty to my dear wife and chil- 
dren according to my best judgment, I commit her and them to 
the keeping of my Heavenly Father, and pray that His blessing 
may follow the widow and fatherless, and that in His own good 
time, we may all meet in His mansions of rest. 

"February 16th, 1842. Sam'l A. Foot." 



AND COLLATERAL REMINISCENCES. 215 

This will continued in force over twenty-four years, and 
until the 27th of November, 1866. I then canceled it and 
made another one. On the back of this canceled will I wrote 
as follows : 

November 27th, 1866. 

" The advanced age of my wife and the increased ages of our 
children, render it neither necessary nor just, to cast upon her the 
duties and responsibilities which the within will does. I have 
therefore canceled it, and substituted another in its place. But I 
leave this to show my dear wife how perfect my confidence in her 
has ever been, and my present will shows that it has received no 
abatement. 

"Sam'l a. Foot." 

My children will see from the jJreceding, the estimation in 
which I held their dear mother. 

She was removed from us by sudden death, only two 
months and three days from the day the old will was canceled 
and the new one made. Of her character and death I shall 
write fully when I reach the year 1867. 

Some extracts from my diary will show what progress, if 
any, I made in holiness of life — my efforts to live near to my 
God, and my constant failures to do so : 

January 3d, Monday. — " Spent my Sabbath yesterday better 
than usual. My attention to and interest in the services was 
gi-eater than ordinary." 

January 17th, Monday. — " Yesterday was better spent, perhaps, 
on the whole, than is usual with me. My evening certainly was, 
though large parts of the day were very improperly wasted. They 
were occupied on secular subjects. I felt drowsy also during a 
part of the forenoon service. Sometimes it really appears to me as 
if I had no abiding hohness of spirit, and perhaps I have not. God 
only knows. Oh do not, blessed Kedeemer, allow me at last to 
become a cast-away." 

Tuesday, March 22d. (Diary of Monday omitted). — "On the 
Sabbath we had communion in our church, and tlie festival was 
delightful to me. My duties during the day were performed bet- 
ter than usual, and but for worldly thoughts the day would have 
been passed somewhat as it ought" 



216 AUTOBIOGRAPHY 

May 1st, Sunday. — " Closed my accounts yesterday for the year, 
and found that my receipts for earnings were not quite as large as 
the year before, yet still very large and far beyond my deserts. God 
has prospered me abundantly during the past year, for which I 
trust I am thankful and humble — ^humble at a comparative view 
of His goodness and my own unworthiness. Gracious Father, 
enable me to live more in accordance with thy precepts, and under 
more holy influences than I have hitherto done. This I ask for 
my Eedeemer's sake." 

May 30th, Monday. — " Spent my Sabbath yesterday about as 
well as usual. My mind, however, was so full of worldly topics 
that I had the greatest difficulty to keep my thoughts in the right 
direction. I fear a worldly spirit is gaining upon me; not a de- 
sire for wealth or official distinction, but for professional success 
and distinction." 

Sunday, June 19th. — "Spent last evening at prayer meeting, 
and was called upon by Dr. Knox to make a prayer, which I did. 
This is the first pubhc exercise of the kind, or rather before so 
large a meeting, which I ever performed. Although interested 
and engaged, there was not that entire composure of spirit and 
feeling which I should like to possess on such occasions." 

Tliursday, July 28th. The day we came in town fi'om Spring- 
field and started for Geneva. — " We have had a charming visit to 
Springfield, and our healths are all improved by it. The children 
with us are remarkably well. For these blessings, I desire to say 
we are indebted to Him who giveth us all things. But amid 
them all, I am far from adoring, loving, and serving Him as I 
ought." 

Monday, September 13th. — " Spent my Sabbath yesterday bet- 
ter than I recollect to have done ever before. Still my thoughts 
were far fi-om what they ought to have been during the whole 
day. There was communion in our church. I trust my soul 
has been refreshed and sanctified by the festival." 

Saturday, September 24th. The day I went from lodgings to 
my own house. — " I would here acknowledge the kindness of my 
Heavenly Father in preserving my dwelling, and permitting me to 
return to it. Oh may I have His aid to live in it as a Christian 
father ought, which I ask for my Redeemer's sake." 

Thursday, loth of December. — " This is Mrs. Foot's birthday. 



AND COLLATERAL REMINISCENCES. 217 

She is thirty-four years old. I thank my Heavenly Father for 
sparing her to me and our children another year. May she be 
endued richly with heavenly gifts, and be a bright example of a 
Christian mother." 

Saturday, December 17th. — " This is my birthday. The good- 
ness and mercy of my Heavenly Father have steadily followed me 
through the year. I have, however, one source of poignant regret, 
and that is, that I have lived so many years and done so little to 
promote the spiritual good of my fellow-men and my Saviour's 
kingdom upon the earth." 

We this day received information from Geneva, that our little 
daughter, Euphemia, who is spending the winter with her uncle and 
aunt Clarke, had the scarlet-fever. The entry in my diary on the 
receipt of this information is as follows : " The disease is a fearful 
one, and the news gives me and Mrs. Foot great anxiety. But the 
Lord gave and He hath a right to take away, and it is the sincere 
desire of my soul, that I may be able to say, ' Blessed is the name 
of the Lord.'" 

The entry in my diary at the close of this year lays open so 
fully and faithfully my thoughts and feelings that I have concluded 
to insert it : 

" Thus has my year passed away. One large portion of my 
life is gone. This diary only gives the outlines of the manner of 
spending it. I do not mention the numerous important cases 
which I try or argue. It is highly gi-atifying to me, and for which 
I hope my gratitude to my Heavenly Father is suitably deep, to 
receive the daily evidence which I do of the confidence of my fel- 
low-citizens in my principles, character, and professional attain- 
ments. Sometimes, I feel dissatisfied with myself, at occupying no 
other than a professional sphere of usefulness. It seems to me as 
if other objects ought to occupy, at least, portions of my time, but 
my profession is so exacting, that it scarcely affords me time to 
attend to my spiritual duties, much less to carry forward any enter- 
prise of benevolence, or usefulness, independent of it. I do not 
feel willing to close my career in this Avorld without leaving be- 
hind me some memorial of my desire to benefit my fellow-men, 
beside a faithful and honest discharge of my professional duties ; 
yet a kind Providence has not hitherto opened to me any other 



218 AUTOBIOGRAPHY 

field of effort. My cliildren, especially my sons, are beginning to 
require considerable of my attention. I hope to train them to 
usefulness and true honor, to lead their souls to their Heavenly 
Father, and to store their minds with useful knowledge. 

" It has been a general rule with me to omit in my diary any 
mention of my charities. Tliis I do, because they ought to be be- 
stowed in secret as far as possible ; but though omitted they are a 
part of my steady duties, to which I endeavor to give the requisite 
attention ; but in this, as in all my other duties, I come far short 
of the standard of a truly sanctified spirit. 

" The goodness and mercy of my Heavenly Father have fol- 
lowed me during the past year. No calamity has visited me or 
mine. Mental chastisement has been withholden by Infinite 
Benevolence, and the new year finds me, Mrs. Foot, our children, 
and family in life and health. Our little Euphemia has had an 
attack of scarlet-fever at Geneva this winter, but it was not very 
severe, and she has nearly recovered her usual health. My busi- 
ness, as usual, has been prosperous. I look to the Giver of all 
things for a continuance of prosperity, and hope to see myself ere 
long in a situation which Avill enable me greatly to increase my 
charities. My present establishment is too costly, but I do not see 
how I can judiciously change it. 

" My progress in spiritual graces is slow indeed, if at all. Some- 
times I feel as if I was retrograding and falling away from the love 
of my God. The world, its business and pursuits, hold, I fear, a 
paramount influence over my affections and thoughts. My strug- 
gles against worldly-mindedness often appear vain and hopeless. 
Nothing but the infinite power of my Creator can subdue my 
obdurate will. Not only the Word of God, but sad experience 
teaches me this truth. To Him, therefore, and Him alone must I 
go for a holy spirit, relying alone on the atonement and merits of 
my dear Eedeemer. Blessed Being, take me into thy keeping, re- 
new me in thy image, sanctify my soul, enable me to live a holy 
and lovely life, to discharge my duties faithfully in this world, and 
finally permit me to dweU with thee and the redeemed in glory 
forever. These priceless blessings I ask in the name and for the 
sake of Jesus Christ, thy Son, my Saviour." 



AND COLLATERAL REMINISCENCES. 219 

1843. 

This year was almost wholly one of professional labor, social 
and domestic duties. Our older children had reached ages,which 
required attention to their education and training ; while your 
mother relieved me almost entirely from the care of the 
younger ones, and in a great degree from attention to the 
older ones, yet, they were all constantly on my mind, and the 
education, instruction, and government of the older ones re- 
quired from me unremitted attention. 

On the 12th of February another son was given to us. He 
was a well-formed, healthy boy — was bajitized on the 15th of 
May and named Robert. 

In my diary at the commencement of the year is this 
entry : "I see no cause for changing my plan for using my 
time, and shall pursue it the coming year." My time in this, 
like that in previous years, was mainly occupied by my profes- 
sion. Social duties, however, as usual, took uj) a considerable 
portion of it, but my children this year required and received a 
larger share than theretofore. I gave some part of each day to 
them, generally by giving them religious instruction, or aiding 
them in some form in their Christian and secular education. 
My general reading was in snatches of time, either in or out of 
court. My diary shows, that I often took a book to court with 
me, and read while waiting for causes in which I was em- 
ployed to be called in their order on the calendar. Notwith- 
standing all tliese various calls on my time, I was able to 
devote some portions of it to duties partaking of a public 
character. 

In January the community was greatly excited against 
Commander Mackenzie, of the U. S. Navy, for having exe- 
cuted the son of a distinguished citizen of this state, to sup- 
press an apprehended mutiny on board the Somers, a U. S. 
vessel which he commanded. Being well acquainted with 
Commander Mackenzie, and believing the excitement against 
him unjust, I wrote a short article in his vindication, which 



220 AUTOBIOGRAPHY 

was published in the Commercial Advertiser, on the 17th of 
that month. It is No. 29 of " Papers Written by me." 

On the 5th of May, I was elected a manager of " The 
American Bible Society." I first met with the Board of 
Managers on the 25th of that month, and made the following 
entry in my diary : 

" Afternoon at a meeting of the Managers of the Bible Society, 
one of whom I was elected on the 5th inst., in the place of Cor- 
nelius Hyer, Esq., deceased. Mr. Hyer was a most excellent and a 
very intelligent man. He was also an eminent Christian — many 
years an elder in the Collegiate church, and no man had, in a 
higher degree, the confidence of his fellow-citizens. He was nearly 
all his life an officer in the old New York Bank — first as clerk, then 
cashier, and lastly president. I was appointed one of the com- 
mittee on legacies, in the place, I was told, of the late Peter A. 
Jay. The character of Mr. Jay as a scholar, lawyer, gentleman, 
and Christian, was pre-eminent. Would that I was worthy to be 
the successor of such men. May God give me grace to approxi- 
mate to their high example in the discharge of my duties in the 
great cause of the circulation of the Scriptures." 

It being a rule with me never to accept a trust, which I 
could not perform, and having accepted this one, I attended 
all the monthly meetings of the managers and all the meetings 
of the committee on legacies, when in the city. 

The cause of colonization continued to receive attention 
from me this year. 

A meeting of the graduates of Union College was held in 
the city of New York, on the 11th of May. " The object of 
this meeting was (is) a free conference in regard to the Insti- 
tution, the best means of advancing its interests, and the 
expediency of taking some measures to unite the alumni of 
this vicinity in a permanent association." I was appointed 
chairman of the meeting, also of a committee to carry into 
effect the object of it. This matter received my attention 
during the year, and occupied some of my time. 

On the evening of the 17th of May I delivered an address 
before "The Young Men's Christian Association" of our 
church. There was a full and attentive audience. I spoke 



AND COLLATERAL REMINISCENCES. 221 

from brief notes and for thirty-five minutes. This was longer 
than I generally spoke on such occasions. The Association 
thanked me for my address by a resolution expressed in warm 
and complimentary terms. 

At a meeting of the bar of the city of New York, held on 
the 20th of December, to honor the memory of Smith Thoni]}- 
son, deceased, an Associate Justice of the Supreme Court of 
the United States, I was appointed one of a committee of 
three to attend liis funeral at Poughkeei^sie, on the 24th of 
that month, and attended accordingly. 

This eminent man had lived a life of great distinction and 
usefulness. He was Chief Justice of the Supreme Court of 
this state when my brother died, and to him I was mainly in- 
debted for my admission ex gratia to the bar as a counsellor- 
at-law, which I have previously mentioned. He was several 
years Secretary of the Navy under President Monroe's admin- 
istration, and in 1823 appointed an Associate Justice of the 
Supreme Court of the United States. This high office he held 
till his death. He was a learned and upright judge, esteemed 
and respected by all, I received many evidences of his friend- 
ship from the time of my admission to the bar till his death. 
He was very kind and of great service to me on my first visit 
to Washington, as I have already mentioned in my account of 
that visit. We were neighbors in the city of New York for a 
couple of years — our families as well as ourselves were on the 
most friendly footing. 

The most agreeable and satisfactory evidence which I ever 
received of the estimation in which I was held by the bar and 
the community, was given after the death of Judge Thomj)- 
son. There seemed to be a general, indeed, almost universal 
expression in favor of my appointment as his successor. As 
early as the 28th of December, only four days after his inter- 
ment, an article appeared in " The New York American," 
then a leading journal of the city, advocating my apj)oint- 
ment.* Several gentlemen, unsolicited, wi'ote to the President, 

* Successor to Judge Thompson. — We are pleased to see that no 
little attention is given to the selection of a competent individual to 



222 AUTOBIOGRAPHY 

recommending my appointment. Among them was the truly 
Honorable Theodore Frelinghuysen. He was then my neigh- 
bor, and a member of the same church with me. We met at 
the Sunday school. He informed me that he had written 

occupy the seat so ably filled by the distinguished Judge, whose death is 
a national calamity. If the fitness of the various persons named for 
this high station is candidly discussed, and the appointing power shall 
seek for just and true information, little apprehension need be enter- 
tained, that the vacant place will not be well filled. 

It seems to be conceded, that the state of New York will be honored 
(as she should be) by having the new Judge taken from the members of 
her bar. The bar of no state in the Union can present more distinguished 
ornaments of the profession ; and justice and propriety alike demand, 
that on this occasion, they should not be overlooked. There are many in 
this state, in all respects eminently qualified, by long and laborious i:)rac- 
tice of the profession, high and varied learning, honorable and noble 
struggles at the bar, and integrity and virtue tried as by the refiner's fire, 
to adorn this high station and add new trophies to the judicial fame of 
the state of New Y'ork. Many most worthy of this exalted station, and 
l^ossessing these requisites, have been named ; and among them, our fel- 
low-citizen, Samuel A. Foot, Esquire. A reference to the reports of the 
various courts of this state, will show, that for the last twenty-five years, 
he has been constantly engaged in the trial and argument of the most 
important causes which have been j)assed upon by our judicial tribunals. 

Called in early life, without friends or patronage, to contend with the 
master-spirits of the bar of this state, he manfully cast himself into the 
arena, and has successfully and nobly won his way to the highest rank in 
the profession. 

Mr. Foot commenced his professional career at Albany, where he 
resided until the year 1828, when he removed to this city, and has since 
been engaged here in an extensive practice, and in causes of the first 
magnitude. He is a sound and well-read lawyer, possessing a quick, 
clear mind, discerning at the instant the points of a cause, and of most 
industrious and laborious habits. 

In the argument of causes he is most thorough in his preparation, and 
oftentimes most able and eloquent, as all testified who heard his powerful 
arguments in the Supreme Court and Court of Errors during the last 
year, in the great case of the Cor^ioration of this city. 

Mr. Foot was educated in the Republican school, though never a zeal- 
ous or noisy partisan, and for the last few years has taken no active part 
in political affairs. 



AND COLLATERAL REMINISCENCES. 223 

strongly to the President in flivor of my appointment. I men- 
tion this in my diary and say, " I feel grateful to my Heavenly 
Father that He has so ordered all things in regard to me, that 
so pure and wise a man as Mr. Frelinghuysen should think me 
worthy of so exalted a station." The bar of the city did not 
express their wishes on the subject till the month of February 
following. Their action will consequently be stated iu my 
account of the year 1844. 

My professional engagements took me occasionally this year 
from the city. I was at Albany from the 18th to the 28th of 
October, attending the Court for the Correction of Errors. 
The argument of one of my causes being postponed on account 
of the sickness of my associate, I improved the opportunity 
to go to Rochester and argue a cause in the Supreme Court. 
On the 8th and 9th of November, a litigated probate of a will 
took and detained me at White Plains. From the 14th to 
the 26th of November I was engaged at Albany in the argu- 
ment of causes in the Court for the Correction of Errors, and 
again from the 5th to the 9th of December in arguing causes 
in the Court of Chancery and the Supreme Court.* 

For strict and high integrity, and estimable private character, it is 
but justice to say, that none excel him. 

We feel assured, that if the judicial mantle should fall on liis shoul- 
ders, it would be worn with a high sense of the responsibilities it imi^oses, 
and suffer no stain while in his keeping. 

* Among other causes, which I tried this year, after my summer's 
vacation, and before going to Albany on the 18th of October, was one for 
the Messrs. Harper & Brothers, during which an incident occurred, illus- 
trative of the ready talent of the late Henry J. Raymond. The Harpers 
had been unwarily, by the recommendation of a friend, drawn into a con- 
tract with the author of a book called Dolores, to publish it for him. Be- 
fore publishing it, however, they handed it over to Mr. Raymond, who 
was then a reader for them, to examine. He condemned it as immoral. 
The Harpers consequently refused to publish it. The author found an- 
other publisher, and sued the Harpers for a breach of their contract. 1 
defended them, on the ground of the immorality of the book, and the con- 
sequent unlawfulness of its publication, and called Mr. Raymond as a wit- 
ness for them. He pointed out several olijectionable jjassages and added, 
that the book was also full of transcendentalism. Mr. Daniel Lord and 



224 AUTOBIOGRAPHY 

My recreation this year was mainly at Geneva. Your 
mother and I left New York for that place on the 1st of 
August. We took with us three of the children, Euphemia, 
Alfred, and Robert. The other three, John, Samuel, and 
Mary, went there in June with their uncle and aunt Clark. 
I remained in Geneva till the 11th of September, and your 
mother and the children till the 1st of October. My time at 
Geneva was spent almost wholly in physical recreation, viz., 
riding, fishing, sailing, superintending and assisting in build- 
ing a couple of piers at the margin of the lake on your uncle 
Clark's lot. I built the north one at my own expense, and 
made a present of it to your uncle. The building of tliese 
piers occupied nearly three weeks of my time. I read but lit- 
tle, though spent a good deal of time in social intercourse. My 
evenings were generally thus employed. I attended to some 
professional business, but did not employ in it altogether 
more than two days of my time. Besides the time passed at 
Geneva, your mother and I spent a few days in May at 
Springfield, in a visit to your grandmother and aunt Eliza — a 
few days early in July at Sommerville, N. J., in a visit to 
your mother's cousin, Mr. Richard Duyckinck, and his 
daughter, Mrs. J. R. Cornell, and her husband, who were 
staying with Mr. Duyckinck — again several days in the latter 
part of that month at Springfield to visit your grandmother 
and aunt before we went to Geneva, and during the last days 
of September I took a ride to Utica, to meet your mother and 
the children on their return to the city. 

David Graham, jr., were on the other side. Mr. Graham cross-examined 
Mr. Raymond, and among other questions asked him to state to the court 
and jury, what transcendentalism was. Mr. Raymond was not prepared for 
this question, and it took him quite aback. The blood rushed to his 
face, and for an instant, I thought he was floored, but he rallied in a few 
seconds and answered, that " transcendentalism was everything that was 
bad and that had no particular name." This quite turned the tables in 
his favor, and brought an approving smile from court, bar, and jury. 

N. B. — This note was written in 1870, after Mr. Raymond's de- 
cease. 



AND COLLATERAL REMINISCENCES. 225 

I took but little exercise this year in the city, beyond walk- 
ing to and from my office when the weather would permit. 

Your mother and I this year seriously and often considered 
the question, whether we should remain in the city with the 
large number of children we had, and attempt to rear them 
there, or purchase a place in the country. We finally con- 
cluded to go into the country. Our first intention was to 
locate in the vicinity of the city, and so near to it, that I could 
go to town daily and attend to my profession. With that view 
we looked at a great many places which were offered for sale, 
and inquired carefully into the advantages of such a location 
for a large flimily like ours. We finally concluded, as stated 
in my diary of the 20th of December, " Mrs. Foot and I are 
satisfied that it will not do for us to buy a country residence 
with a view to a future occupancy of it ourselves, away from 
churches, schools, and stores — that if we buy at all, it must be 
near some town or village." 

Some extracts from my diary will give a correct view of my 
efforts and frequent failures to live a holy and truly Christian 
life; also of the progress, if any, which I made in Christian 
graces and preparation to meet my God. 

January 23d, Monday. — "■' Spent my Sabbath yesterday far bet- 
ter than I have generally done. I was not drowsy in the evening 
as I often am, but spent it in reading and conversing with Mrs. 
Foot. Many vain and worldly thoughts crowded upon my mind 
while in church; still, not so many as often do, and I was able to 
enjoy the services, and I hope profit by them. I heard my boys 
read consideral)ly during the day. Called myself to a strict ex- 
amination in regard to my anxiety respecting property, and 
resolved to be less anxious on that subject." 

February 27th, Monday. Several of our children and one of 
our nurses had the scarlet-fever ; our cook, too, was ill from over- 
work. — " The hand of our Heavenly Father is upon us in chastise- 
ment. May our hearts be improved by His dispensations. God, 
watch over us for our good, and preserve us ! Let all thy dealings 
with us be sanctified to our souls, and prepare us for thy 
presence.'' 

15 



226 AUTOBIOGRAPHY 

March 7th, Tuesday. — "Our sick nurse died this morning. 
She was a conscientious, pious girl, a member of the Irish Presby- 
terian church. She died happily. I pray God that He will 
sanctify this dispensation to me and the members of my family." 

March 20th, Monday. — " I have much to regret and something 
to rejoice at in respect to the manner of spending my Sabbath 
yesterday. The sacrament of the Lord's supper was administered, 
and I enjoyed the service, and had a realizing sense of the privi- 
lege of thus remembering the dying love of my dear Redeemer. 
I attended church in the afternoon and gave as good attention as 
usual to the services, and, perhaps, rather better. But during the 
day, and especially during a part of the general exercises of the 
morning, I was harassed with idle and vain thoughts. Oh, the 
deceitfulness of my heart ! Would that my soul was filled with 
the self-denying humility of a true Christian spirit. I spent the 
morning before church, the intermission, and evening quite as 
well as usual — read considerable and conversed with Mrs. Foot 
and the children on topics suitable to the day." 

March 29th, Wednesday. — " Why should 1 be anxious about 
the things of this world ? I should not. It is an impeachment of 
my Heavenly Father's goodness to be discontented amid the many 
mercies which I enjoy. Gracious God forgive me, for my Saviour's 
sake." 

June 19th, Monday. — "Yesterday was a delightful day to me. 
The sacrament of the Lord's supper was administered in our 
church. Mrs. Foot was with me, and the exercises were highly 
edifying. Notwithstanding my desire to keep my mind wholly 
engaged in the exercises of the day, and notwithstanding those 
services were deeply interesting and refreshing to my soul, still 
worldly topics and thoughts uusuited to the day beset and dis- 
tressed me. Oh how far I am from the stature of a perfect man 
in Christ!" 

July 4th, Tuesday. — " This is the anniversary of our national 
independence. * * * I feel grateful to my Heavenly Father 
for the blessings He has conferred on the nation the past year, and 
entreat His aid in discharging my duty as a Christian patriot." 

July 16th, Sunday. After our visit to Sommerville, N. J., and 
giving a full account of it and of the persons we met. — " I desire 
here to record my gratitude to my Heavenly Father for His care 



AND COLLATERAL REMINISCENCES. 227 

oyer me and mine during my absence, and for the enjoyments He 
has permitted me to receive in my intercourse mth our friends, 
and in viewing the displays of His wisdom and goodness in the 
works of His creation." 

September 12th, Tuesday. In giving my account of the time 
passed at Geneva. — " My morning and evening devotions have 
been steadily attended to — the former with Mrs. Foot and our 
children in our room, and the latter with Mrs. Foot in the same 
place. I have also regularly attended church on the Sabbath, and 
occasionally other religious exercises, but have not read my Bible 
as often as I ought. My reading in it has been almost wholly on 
the Sabbath, and occasionally mornings with John and Samuel 
before or after prayers. My shortcomings in duty are many, and 
the atonement of my Eedeemer can alone save me. God, I thank 
thee for thy many mercies, and pray thee to pardon my sins, for 
Christ's sake." 

September 13th, Wednesday. — " The time in my life has arrived 
when I must use glasses, at least, to some extent. This warns me 
that I am turning towards its close, and shows me the value of 
what remains. When I review that which is past, and see how bar- 
ren it is of good or usefulness to my fellow-men, to what it might 
have been, I feel, indeed, humble and guilty before my Heavenly 
Father. Gracious God, pardon my misspent time, for Jesus' 
sake." 

September 25th, Monday. — " Spent my Sabbath yesterday bet- 
ter than usual. Attended church three times, heard three excel- 
lent discourses, and was able to give my thoughts and feelings to 
the services during nearly the Avhole of them. My time out of 
church (being home alone), was occupied in reading and reflec- 
tions suitable to the day, with the exception of some portion of it 
during which my thoughts were engaged on worldly topics." 

October 1st, Sunday. The day after your mother and the chil- 
dren reached home from Geneva. — "My family have all been 
greatly benefited by their summer residence. They have enjoyed 
good health. The children have grown finely. The three eldest, 
who have been to school, have improved in knowledge. In fine, 
all which I could reasonably ask or desire in regard to my family 
has been granted by a kind and overruling Providence. Lord, 
teach me thy ways and enable me to walk in them. May my heart 



228 AUTOBIOGRAPHY 

be filled with thankfulness for thy many mercies, and my soul 
brought into subjection to thy holy Avill." 

December 14th, Thursday. — " This day has been set apart by 
the Governor of this state as a day of. thanksgiving and prayer. 
During the past year God has continued to bless me with abun- 
dance. My professional business in the main has been good, and 
promises to be as productive as in former years. We have had all 
things that we need to render life happy and useful. No serious 
sickness has assailed any of our family, except one domestic, and she 
died a happy death. Our children had the scarlet-fever hghtly, and 
another one has been given to us — a healthy and promising boy. 
Our religious privileges have been great, and I trust and hope, 
Mrs. Foot and myself are more devoted Christians than Ave were a 
year ago. We are greatly blessed in our children. They are rapidly 
improving in all respects. Those who attend school are making 
rapid progi'ess in their education, and none of them exhibit vicious 
dispositions. God of mercies, take tbem into thy holy keeping, fit 
them for usefulness in this life and happiness in heaven ; this I ask 
for my and their Kedeemer's sake." 

December 15th, Friday. — " This day is Mrs.' Foot's birthday. 
She is thirty-five years of age. I thank my Heavenly Father for 
sparing her life, and continuing to her the enjoyment of health 
and the use of all her faculties of mind and body, whereby she is 
able to discharge her numerous and responsible duties. God, 
take her into thy holy keeping, preserve her from danger, enable 
her to continue to be, as she hitherto has been, a blessing to me 
and our dear children. This I ask for my Redeemer's sake." 

December 17th, Sunday. — "This is my birthday. I am fifty- 
three years old, almost an old man, and yet have all the feelings 
of young manhood. My health has been good the past year. God 
has been good to me, in giving me an excellent constitution and a 
vigorous frame of body. He has also preserved me from danger so 
effectually, that I have never had a limb broken, or received any 
other bodily injury. Goodness and mercy have indeed followed 
me all the days of my life. During the past year, I have suffered 
no serious affliction in my own person or family, with the excep- 
tion of the death of a domestic before mentioned. Peace and order 
have prevailed in my house, and prosperity attended me in my 
business. My spiritual privileges have been great, and I hope my 



AND COLLATERAL REMINISCENCES. 229 

soul is better prepared to meet my God than on my last birthday. 
I have, in pursuance of a resolution then taken, devoted more time 
than formerly to the good of my fellow-men. I have endeavored 
to discharge my duty as a manager of the Bible society and of the 
Colonization society, and otherwise endeavored to advance Christ's 
kingdom on the earth ; but it seems as if I had done almost noth- 
ing, and that I am indeed an unprofitable servant. But for the 
infinite love and mercy of my God and Saviour, I should certainly 
become a cast-away. My contributions to charitable objects are 
still smaller than I could wish, but the increase of my family 
necessarily limits them. If I purchase a place in the country for 
my family in the summer, which I think it my duty to do, my 
intention is, not to let the debt, if any, which I may contract for 
that purpose, interfere to any great extent "with other duties. 
God, thou knowest my heart and how deceitful it is ; so order, I 
entreat thee, that my soul may be brought into subjection to thy 
holy will, my affections pm-ified and elevated, my thoughts sanc- 
tified and directed to useful ends, and my whole man renewed in 
the image and fitted for thy presence. These things I ask in the 
name and for the sake of Jesus Christ my Saviour." 

December 24th, Sunday. The day after my return from 
Poughkeepsie, and after an account of my attendance at the 
funeral of Judge Thompson, I say : — " My name has been sug- 
gested by several of the pubhc journals as a suitable one for suc- 
cessor to Judge Thompson; but there is no probability of my 
receiving the appointment. My views of joolitical duty are not 
favorable to my promotion to any official station. God, in His 
dealings with me, seems to mark out a private station for me ; but 
He holds the hearts of all under His control, and He may put it 
into the heart of the President of the United States to nominate 
me. In any event, and in all His providences, I hope I may be 
able to say in sincerity, Thy will, God, be done ! " 



1844. 

This year was in some respects different from other years 
of my life. Although my profcssiou demanded most of my 



230 AUTOBIOGRAPHY 

time, yet it Avas not as exacting as usual. My engagements 
were equally important, but not as numerous. I had, more- 
over, by this time of life, acquired so large a fund of profes- 
sional knowledge, that preparation even for important causes 
required less labor than formerly. I had consequently more 
time for reading, and did read more than in several previous 
years. 

Social duties this year occupied not only their full share of 
my time, but even required a greater portion of it than usual. 
The active part I took in the Presidential contest led to the 
forming of many new acquaintances, and considerably extended 
my social relations. 

As mentioned in my account of last year, the members of 
the bar of the city of New York, with only tv/o or three ex- 
ceptions, who had committed themselves early for other candi- 
dates, but who approved of my appointment, signed and 
presented to the President, a request for my appointment, as 
the successor of Judge Thompson. The unanimity of this re- 
quest, and the high character of those who made it, rendered 
it peculiarly gratifying to my feelings. A copy of it will be 
found among my old papers. 

The vacancy caused by the death of Judge Thompson was 
not filled till January, 1845, when Judge Nelson, then Chief 
Justice of the Supreme Court of our state, was appointed as 
his successor. 

The Whigs, having a majority in the Senate, kept the 
place open, in the expectation of electing a President in 
December, 1844, who would nominate a member of their 
party ; and the general understanding was, that I should re- 
ceive the nomination. 

This personal bearing of the Presidential contest, my sin- 
cere friendship for Mr. Frelinghuysen and high estimate of his 
character, induced me to take early and active measures for 
his nomination as Vice-President, at the convention held at 
Baltimore in May of this year, and to labor earnestly for the 
success of the Whig candidates. I spent considerable time in 
the months of March and April — wrote many letters, and con- 



AND COLLATERAL REMINISCENCES. 231 

feiTGcl with many gentlemen to effect Mr. Frelinghuysen's 
nomination. There was no diversity of opinion in regard to 
the candidate for the Presidency. PubHc sentiment clearly 
designated Henry Clay of Kentucky for that position. His 
nomination was unojiposed. Mr. Frelinghuysen's nomination 
was also made with great unanimity. 

Arrangements were made by the Whigs of Somerset 
County, N. J., to hold a mass meeting at Millstone, the birth- 
place of Mr. Frelinghuysen, on Wednesday, the 7th of 
August. The committee of arrangements invited me as early 
as the IGtli of July to address the meeting, but being at Utica 
attending a term of the Supreme Court, the invitation did 
not reach me till the 22d of that month, when I accepted it. 
A notice of the meeting and a copy of my letter accepting the 
invitation to address it, were published in the Newark Daily 
Advertiser on the 25th of July.-'' 

*THE MASS MEETING AT MILLSTONE. 

The Whigs of old Somerset have resolved to hold a mass meeting 
at Millstone, on Wednesday, the 7th of August next, at 1 o'clock p.m. 
And they cordially invite their fellow-citizens from every part of the 
County, to meet them in council at the birth-place of their Frelinghuy- 
sen. The ladies are particularly invited to attend. Ample accommoda- 
tions will be provided for them. 

Millstone is the birth-place of New Jersey's favorite son — our own 
Frelinghuysen, and we look for a full gathering of the Whigs of the 
neighborhood on this occasion. Our friends in this County will, we 
trust, send a full delegation. Among the eminent private citizens who 
are expected to be present we notice the name of Samuel A. Foot, Esq., 
who, it will be seen by the subjoined, consents to leave for the time his 
professional pursuits for the purpose of contributing his aid to the cause 
which demands the hearty support of every patriot : 

Utica, July 22d, 1844. 
Thos. a, Hartwell, Esq., Chairman, «fec. 

Sir :— I had the honor of receiving at this place, where I am attend- 
ing our Supreme Court, your letter of the 16th inst., addressed to me at 
New York, inviting me " to meet and address the Wliigs of Somerset at 
Millstone on the 7th of August." 

I have not addressed political assemblies for some years past, and 
when invited have declined. But the importance of the issues involved 



232 AUTOBIOGRAPHY 

I prepared an address with care, and wrote it out in full 
An immense meeting was held on the day designated, before 
which I delivered it from brief notes. This address was well 
received. It was published entire by several public journals, 
and a very large edition of it was published by the committee 
and circulated as a campaign document. It is No. 30 of 
" Papers Written by me." There were many complimentary 
notices of it in the public journals. I have annexed to it two 
— one from the Newark Daily Advertiser^ and the other from 
the New York Commercial Advertiser. 

While at Geneva in August, I addressed a large public 
meeting in favor of the Whig ticket. It was well received."* 

in the approaching Presidential election, the obligation and duty of the 
country to reward Mr. Clay Avith its highest honor for a life of patriotic 
services, the circumstance that Millstone, the place of your meeting, is 
the birth-place of Mr. Frelinghuysen, our candidate for the Vice-Presi- 
dency, and the deep interest which his life, character, and present posi- 
tion awaken, have induced me on this occasion to depart from my usual 
course and accept your invitation. 

Life and healtlj permitting, I will meet and address the "Whigs of 
Somerset, at the time and jjlace designated. 

Resi^ectfully, your obedient servant, 

Sam'l a. Foot. 

* M K . foot's ADDKESS. 

The address of the Hon. Samuel A. Foot to the Republicans of this 
place, on Friday evening, was a most chaste, forcible, and effective effort. 
His opening statement as to the great issues between the two parties, and 
their respective positions, was full of truth and power ; while his exam- 
ination of the Texas question was eminently logical, eloquent, and 
appropriate. We have seldom listened to remarks characterized by more 
sound judgment and convincing reasoning, or conveying a larger amount 
of useful information, or delivered with more persiiasive power, than the 
speech of Mr. F. It was, in our judgment, not the least of its merits, 
that it entirely avoided everything in the shape of pei'sonality and abuse. 
The most captious of our opponents could surely find nothing to censure 
in the manner and temper of the address, while its facts and reasonings 
commended themselves most irresistibly to the judgments and con- 
sciences of all men, of whatever creed in politics. We would that the 
:example of Mr. F., not only in his thorough acquaintance with his sub- 



AND COLLATERAL REMINISCENCES. 233 

The Wliig candidates were defeated, mainly by an inju- 
dicious letter from Mr. Clay to a friend in Alabama, called 
his " Alabama Letter," written a few weeks before the elec- 
tion, in which he favored the annexation of Texas. This 
letter lost the state of New York to the Whigs, and with it 
the election. 

I was greatly disturbed and quite unhappy for some days 
at the loss of the election. But now (1869) when I look back 
and review the results of the defeat of the Whigs, viz., the 
annexation of Texas and the great events following and conse- 
quent upon it, I cannot but see, that an infinitely gracious 
and omniscient God ordered all for the good and greatness of 
this favored nation. For myself personally the defeat was a 
great blessing. For if the Whigs had succeeded, and I had 
been appointed a Judge of the Supreme Court of the United 
States, I should have been compelled to resign, or live four- 
fifths of the time away from your mother and our children, and 
in straightened circumstances, as the salary would have been 
entirely inadequate to the wants of our large family. 

Some extracts from my diary will show how the defeat of 
the Whigs affected me, and the direction it gave to my 
thoughts and feelings : 

November 3d, Sunday. — " The news last evening from Penn- 
sylvania was not as favorable to the Whigs as anticipated, and I 
felt depressed in spirits. But this was wrong, very wrong. My 
Heavenly Father overrules all things according to His sovereign 
will, and I ought to submit with cheerfulness and be satisfied, and 
with His blessing will endeavor to hereafter." 

November 4th, Monday. — " I endeavored during the day (the 
day previous, it being the Sabbath) to school myself into submis- 
sion to my Heavenly Father's will in respect to the present contest 



ject, and his acute and i)rofound analysis, Init more esi^ecially in temper 
and moderation, and in a studious avoidance of everything in the shape 
of personal vindictiveness and party abuse, might be more extensively 
followed by the speakers of both parties. Much good we are convinced 
would ensue. .^^' 



234 AUTOBIOGRAPHY 

for President of the United States, if the Whigs are unsuccessful, as 
I fear they may be. Gracious God, help me to yield to all thy 
orderings, and be content with them." 

November 9th, Saturday. — "My thoughts and feelings have 
been deeply interested in the late election for President and Vice- 
President. The defeat of the Whigs in this state, and their 
probable defeat through the country, greatly afflicts me. The 
only source of consolation is the certainty that a righteous, just, 
and infinitely-wise God reigns in heaven and on earth. To His 
will I ought to submit, and entreat Him to give me a spirit of true 
submission." 

November 17th, Sunday. — "With God's blessing, I will en- 
deavor during the rest of my life, not to be over-anxious about the 
honors, possessions, or enjoyments of this life, but try to live as a 
self-denying Christian should. I have been unduly anxious about 
the result of the late Presidential election." 

December 9th, Monday. After an account of the day previous, 
it being the Sabbath. — "AVith God's blessing, and under what 
appears to me a clear indication of His will, I have resolved never 
to seek worldly distinction, but leave it to follow a faithful dis- 
charge of duty, and if it comes to me at all, to use it for the good 
of others." 

December 12th, Thursday. Thanksgiving day. — " During the 
past year I have had some expectation of receiving the appoint- 
ment of Judge of the Supreme Court of the United States, to 
supply the place of Mr. Justice Thompson, who died about a year 
since, but the defeat of the W^hig candidates for President and 
Vice-President has disappointed that expectation. I have now no 
hope of ever being called into public service. My Heavenly 
Father, who directs all things in heaven and on earth, has seen fit 
to place me in a private station, and continue me there. He does 
all things for the best, and I entreat Him to give me a submissive 
spirit, and enable me to discharge faithfully the duties of the posi- 
tion which I occupy." 

There was an animated public discussion last year and 
this, in regard to an International Copyright. Your uncle, 
John Campbell, wrote and published a strong pamphlet on 
the subject, and I wrote a short notice of it, which was pub- 



AND COLLATERAL REMINISCENCES. 235 

lished in the New York Commercial Advertiser in January of 
this year. It is No. 31 of •' Papers Written by me." 

The cause of colonization continued this year to engage 
my attention and occupy a small portion of my time. I pre- 
sided at a meeting of the Board of Managers of the New York 
Colonization Society, on the 13th of May, convened to hear an 
account of the colony from President Roberts, and made a 
short address. An account of the meeting and of the part I 
took at it was published in the New York Commercial Adver- 
tiser of the 14th of that month. 

My duties as a manager of the Bible Society were faith- 
fully performed this year ; also as a member of the committee 
to promote the interests of Union College. 

While at Geneva in August this year, I received from 
Geneva College a diploma as Doctor of Laws. This degree 
was conferred on me in 1834, but by some accident was not 
kno\vn to me till ten years afterwards. 

The children were scattered this summer. John went to 
Watertown, Conn., in June, and remained there with our 
relatives till the forepart of September. Samuel, Euphemia, 
and Mary went to Geneva with their uncle and aunt Clark in 
the latter part of May. Samuel and Mary staid there till 
September, and Euphemia till the middle of November. 
Alfred and Robert went to Springfield, N. J., early in July, 
and remained there till the middle of September. 

Our fifth son, Lawrence, was born on the 7th of July, and 
baptized on the 7th of October. Your mother passed the 
month of August and the forepart of September with your 
grandmother at Springfield. The three youngest children 
were with her. 

The children this year received increased attention from 
me. Beside the attention given to them at unstaid times as 
the occasion required, or opportunity offered, I heard each one 
every morning repeat a verse from the Bible, who was able to 
read and learn it, and on every Sunday evening at twilight I 
told them a story illustrative of some religious and moral 



236 AUTOBIOGRAPHY 

truth. After the story, Mrs. Foot usually sang several hymns 
before the children went to bed. 

I commenced about this year (though I find no entry of its 
commencement in my diary), an exercise on the Sabbath with 
my children, which consisted in calling them together after 
the afternoon service, and inquiring of them and desiring them 
to tell me what they remembered of the sermon, forenoon and 
afternoon — always commending and sometimes rewarding cor- 
rect and full recitals of portions of the sermons. This exer- 
cise was continued till the year 1865, and was confined to the 
children who were old enough to attend church, but not sufii- 
ciently advanced in age and knowledge, to feel and realize the 
im^jortance of strict attention to the services. 

My health this year was generally good, though in Janu- 
ary and again in May, I had an ill turn, caused by the inaction 
of my liver, and showing me that the cause of my former severe 
illness was not wholly removed. 

My exercise in the city this year was little, if any, beyond 
walking to and from my office when the weather would permit. 
My recreation was also somewhat restricted. In January I 
passed four days with my boys, John and Samuel, at Spring- 
field, N. J., mainly in skating on your grandmother's pond. 
In April I spent three days at West Point, on a visit to my 
nephew. Prof. Davies, and his family, and the first ten days 
in August at Springfield and Weston, N. J. ; but they were 
scarcely days of recreation, for a large portion of the time was 
given to preparation for the speech, which I delivered on the 
7th of that month at Millstone. On the 12tli of August, I 
went to G-eneva, and remained there till the 4th of September, 
This time was given wholly to recreation, mainly riding, fish- 
ing, and visiting. I read a little. On my return from Geneva, 
I passed a couple of days at Springfield with your mother and 
the children with her, and then went to Watertown, Conn., for 
John. I passed a few days there. Samuel was with me. The 
boys and I came back to the city on the 11th of September. 
This completed my year's recreation. 

My profession took me from the city a few times this year. 



AND COLLATERAL REMINISCENCES. 237 

I was at Albany five days in February — at Utica ten days in 
July — at Rochester six days in October, and at Albany eight 
days in November, 

Some extracts from my diary will show my religious state 
during the year : 

January 14th, Sunday. — " My thoughts are still occupied to 
some extent with the succession to Judge Thompson. Tliere is a 
fescination in office Avhich captivates the undisciplined heart, and 
Avhich I find it difficult to resist, though my judgment teaches 
me that neither my temporal or spiritual welfare would be pro- 
moted by receiving the appointment of Associate Justice of the 
Su})reme Court of the United States. But should God in His 
providence call me to that station, I shall endeavor to discharge 
its duties as a Christian magistrate ought. It is cause of thankful- 
ness and gratitude to my Heavenly Father, that many of my fel- 
low-citizens, and, as I understand, a large majority of them, in- 
cluding the members of the bar, desire my appointment. ^^Hien 
I look back on my life, it is obvious that an unseen hand, directed 
by the purest benevolence and wisdom, has guided me through 
the whole of it. Let me ever praise His holy name." 

February 12th, Monday. — " Spent my Sabbath yesterday bet- 
ter than any one of my life, as I now recollect. I attended church 
three times, and was able to give my almost undivided attention 
through all the services. My devotions, too, were fervent. I read 
in the morning, and during the intermission after dinner. I 
thank thee. Heavenly Father, for the precious privileges of thy 
holy day, and the holy joy it aflbrded me." 

March 18th, Monday. — " Spent my Sabbath yesterday as usual. 
* * * The sacrament of the Lord's supper was administered, 
and it was truly refreshing to my spirit. May God in His mercy 
carry me forward in my preparation for death and His presence. 
Spent the twilight as usual, and told the children a prairie story 
illustrative of the importance of kee})ing the Sabbath." 

June 2d, Sunday. — '"A little occurrence happened in court 
yesterday which gave me far too much uneasiness. It was a mere 
remark of the Chief Justice, hardly worth a second thought, and 
yet it occupied my mind for hours. This shows me how really 
worldly-minded I am, and how little I look to God and Him 



238 AUTOBIOGRAPHY 

alone. Holy Being, enable me to put a right estimate npon the 
world and all things in it, and to place my trust in thee. Help 
me to look to thee for consolation in this life and joy in the life 
to come." 

June 17th, Monday. After an account of the previous Sab- 
bath. — " The sacrament of the Lord's supper was administered in 
the forenoon, and was truly grateful to my soul. God, help me 
to live as becomes a professed follower of the blessed Saviour. The 
spiritual privileges I enjoy are without price, and severe indeed 
Avill be my condemnation, unless I avail myself of them for the sal- 
vation of my soul." 

July 1st, Monday. — " This day is the anniversary of Mrs. 
Foot's and my wedding. We have lived happily together ten years. 
God has blessed us in all our ways. His goodness and mercy 
have followed us continually. Oh may my heart melt in holy love 
and gratitude, and my soul delight in His service. Take me and 
my companion into thy keeping, blessed Father; fit us for the 
duties of this life and the joys of heaven." 

July 4th, Thursday. — " This is the anniversary of our national 
existence. I and mine have enjoyed another year the protection 
which tlie constitution and laws of the country afibrd, and that 
protection has been complete. Neither my rights of person or 
property have been invaded. The blessings of an efficient govern- 
ment have been bestowed upon me. When I look back to the 
first settlement of the country, trace the progress of the nation 
from that time to the present, the hand of a kind Providence is 
visible in every step. He is indeed the Giver of every good and 
perfect gift. In Him the nation, as well as every individual, lives 
and moves and has its being. Heavenly Father, I thank thee for 
the many favors and blessings which I have hitherto and still am 
daily receiving from thee." 

July 7th, Sunday. The day of the birth of our fifth son, whom 
we named Lawrence. — " Our fifth son was born this morning. He 
is fully grown, healthy, perfect in body, and appears to have all his 
faculties. My prayers in this respect have been answered by my 
Heavenly Father, and to Him I commit this little immortal, and 
entreat that his life may be spared, his health preserved, his 
faculties developed, and his soul saved. Gracious God, I dedicate 
him to thee. Oh make him thine own in Jesus ! " 



AND COLLATERAL REMINISCENCES. 239 

September 4tli, Friday. The day of my return home from 
Geneva. — " On reaching my dwelling in safety, and thus assem- 
bling again a part of my family, I feel grateful to my Heavenly 
Father for His care over me and mine, and desire here to acknow- 
ledge and record my deep sense of His merciful kindaess." 

December 31st, Tuesday. — "The above closes my record of 
the past year. Goodness and mercy have followed us through the 
whole of it, * * * Our children have grow^n in mind and 
body, and are reasonably promising. They have sustained no 
serious injury. The arm of their Heavenly Father has been 
around and defended them. One has been added to their number. 
Mrs. Foot and I thus far are gi*eatly blessed in our children. Oh 
may we be enabled by God's grace to bring them up in His fear 
and to His glory." 



1845. 

My time this year was apportioned and employed in gen- 
eral like that of the previous year. My profession, though 
occupying most of my time, was not so exacting as to prevent 
me from having time to read and for social duties. The cause 
of colonization received some attention from me this year, but 
the subject which most engaged my attention, outside of my 
profession, was the Bible Society. After becoming acquainted 
with the affairs of the Society, and the manner in Avhich its 
business and operations were conducted, I became satisfied 
that a more perfect system for conducting tliem was necessary 
to secure economy and promptness, especially in view of its 
increasing income and operations. Accordingly, on the 15th 
of May, when the Board of Managers met to organize for the 
year, I offered the following resolution : 

"Eesolved, That in view of the increasing business of this 
Society, a committee of three be appointed to inquire whether any 
alterations are necessary, or any improvements can be made in 
the arrangement and conducting of the same ; and whether any 
and what regulations ought to be made in conducting the business 



240 AUTOBIOGRAPHY 

of printing in the new mode undertaken by this Society, and 
report thereon to this Board." 

It was adopted and a committee appointed, of which I was 
chairman. We examined carefully and fully into the affairs 
of the Society and the manner of conducting its business and 
operations. The labor of this examination was mainly per- 
formed by me. 

The committee made a report in part at the meeting of 
the Board of Managers in July, in the form of resolutions, 
which they presented for adoption. They Avere drawn by me. 
The Board approved and passed them. 

The committee found that the regulations, which had been 
adopted from time to time by the Board, were entirely inade- 
quate to the extended operations of the Society, and under- 
took the difficult and laborious duty of framing a body of 
by-laws adequate to the varied and extended business and 
operations of the Society, and to that duty I devoted myself 
during the summer. When the committee met in the autumn, 
I was able to present a body of by-laws for their consideration. 
There were thirty- seven of them. Their preparation required 
time, labor, and thought. After a careful revision by the 
committee, they were reported to the Board of Managers at 
their regular monthly meeting on the first Thursday in 
November, and at an adjourned meeting in the latter part of 
that month, carefully examined, fully discussed, amended and 
adopted with great unanimity. At the regular meeting of 
the Board on the first Thursday in December, the committee 
were discharged, and a resolution of thanks for their services 
unanimously passed. 

The large amount of time, labor, and thought bestowed on 
the preliminary examination into the affairs, business, and 
operations of the Society, on the draft of the by-laws, and an 
active part in discussing and perfecting them, was bestowed 
under a sense of duty devolved upon me by accepting the 
position of a manager of the Society. 

Subsequent events showed the necessity and importance of 
the examinations and by-laws. 



AND COLLATEBAL REMINISCENCES. 241 

The only other duty discharged this year, outside of my 
professioUj worth mentioning, was the delivery of an address 
on the death of the Hon. John Cotton Smith, President of the 
Bible Society, before the Board of Managers, at a special 
meeting held on the 16th of December, called to notice his 
death. I say in my diary, " The object of this address was 
mainly to induce a more general attendance of the managers 
at their monthly meetings, esj)ecially of the clergymen." It 
was noticed in the public journals, but not published. This 
accorded with my wishes, as it was not suitable for publica- 
tion. 

Our children were again scattered this summer. Euphe- 
mia, Mary, and Robert went to Geneva the last of April with 
their uncle and aunt Clark. Samuel C. to Springfield, N. J., 
on the 3d of July, to pass the summer with his grandmother 
and aunt Eliza, and on the 4th, John, Alfred, and Lawrence, 
with their mother, to Greneva. All the children at G-eneva, 
except Euphemia, returned Avith their mother to the city on 
the 4th of September. Euphemia came back late in the fall 
with her uncle and aunt. Your mother, and the children who 
came from Geneva with her, after passing a day in the city 
went over to Springfield to pass the month of September with 
your grandmother and aunt Eliza. 

While there, our dear little Robert, who was a bright, 
healthy, promising boy, was drowned on the 9th of Sej)tember, 
in his grandmother's gold-fish pond — a small circular pond, 
about 18 inches deep, a short distance from and in front of the 
house. The sad event is thus recorded in my diary : 

. " On learning the particulars of his death, the hand of my 
Heavenly Father seemed to have been directly employed in taking 
him from this world of sorrow. The little fellow was not absent 
from the nursery beyond two or three minutes before he was 
missed, and in a minute more was found floating in the gold-fish 
pond with his face downward and his arms extended. But life was 
extinct. Every effort was made to restore animation, but in vain. 
The Lord had called him home, and I trust my soul can say, 
" Blessed is His holy name." * * * The funeral was at 10 J 
16 



242 AUTOBIOGRAPHY 

o'clock A.M. of the lltli of September. The officiating clergyman 
performed the services appropriately. The funeral was very 
solemn, the day was pleasant, the country still, and the whole scene 
impressive. The ceremonies had meaning in them, and I could 
not but think it was " better to go to the house of mourning than 
to the house of feasting." The remains of our dear child were 
buried in the plot of ground set apart in the Springfield cemetery 
for the family of Mr. Campbell. This is the first time Mrs. Foot 
and I have been afllicted seriously since our marriage. God in His 
mercy has spared us until now ; and even now, I feel that He has 
chastened us in love. He has taken only one of the dear immor- 
tals He has given us, when He has a right to take all. He gave, 
and He can take away. Oh for the right spirit to profit by this 
dispensation ! God be merciful to me, a sinner — fill my soul with 
humility under this mark of thy displeasure. I know thy judg- 
ments are just, and full of love and mercy. Thou dost chasten 
those whom thou lovest. Oh draw me nearer to thee — detach my 
affections from the world — enable me to give up all for Christ — , 
make me one of thy children in Jesus. Oh may I meet my little 
one in thy mansions of rest in heaven. I ask all for Christ's 
sake." 

Your mother exhibited so much true womanly and moth- 
erly character on this distressing occasion, that I must leave a 
short account of it for her children. 

As soon as Robert was found, she took charge of him, and 
with entire presence of mind, clear judgment, and extraor- 
dinary energy, applied every means which the most skillful 
surgeon could have adoj)ted to restore life. But when all had 
failed, and it was evident life was extinct, her feelings over- 
powered her and she had to be assisted to her bed. 

When your mother and the children with her had finished 
their visit to Springfield, I went over for them. They returned 
with me to the city on the 26th of September. 

On the 13th of October another son was given us — a 
healthy, well-formed boy. He was baptized on the 12th of 
December. We called him Robert Ebenezer, after his little 
brother Robert, who was drowned in September, and my 
brother Ebenezer, who died in 1814. 



AND COLLATERAL REMINISCENCES. 243 

As our children advanced, they received increased atten- 
tion from me, especially in religious instruction. They were 
sent to good schools, and I paid no other attention to their 
secular education, than to see that they were faithfully in- 
structed and made fair progress. But their religious educa- 
tion was obtained mainly at home from their mother and me. 
We sent them regularly to the Sabbath-school, but regarded 
that as merely auxiliary to our own instruction. 

Samuel C, had musical talent and taste. He began in 
June of this year to sing with his mother at the family con- 
certs on Sunday evenings. On the first Sunday morning in 
October your mother and I commenced, as stated in my diary, 
" making a requisition on our children to contribute to foreign 
missions." John and Samuel C. Avent with me to monthly 
concert on the following Monday evening, and put the money 
in the plate. This practice we uniformly followed till the 
children were old enough to act for themselves. 

My health Avas not good for the last half of this year. In 
my diary of the 1st of July is this entry : " I have had more 
pain in my side for some time past than usual, and I must be 
more abstemious ; " and the next day, " I was not well yester- 
day, nor have I been for some time past." On the 9th of 
September I mention my having consulted our family physi- 
cian respecting my health, and that " My tongue and mouth 
had been sore for the last five or six weeks, and some part of 
the time to such a degree as to affect materially my taste. 
During all this time, I have had to be watchful over my diet, 
and have not been able to eat freely." My liver was torpid 
and my illness continued throughout the year. In the latter 
part of September I commenced taking a cold bath early in 
the morning, with brisk and thorough rubbing of my person 
with a coarse napkin, and after that, riding on horseback upon 
a trotting horse for three-quarters of an hour, during which I 
usually rode from four to six miles. The weather seldom pre- 
vented my ride ; nothing but a severe storm kept me from it. 
In addition to this morning exercise, I improved every oppor- 
tunity for walking during the day, and followed a severe 



244 AUTOBIOGRAPHY 

reo-iraen in my diet. I lived almost entirely on beef tea and 
tapioca. By perseverance in this treatment of myself I was 
able to retain sufficient healtli to attend to my professional 
duties. 

My recreation this year was desultory, though in the whole 
considerable. I spent four days in the latter part of January 
at Springfield, N. J., on a visit to Mrs. Campbell. Your 
mother, John, and Samuel C. were with me. The boys and I 
skated and engaged in other winter sports. On the 28th of 
May, your mother and I, in company with my nephew, Prof. 
Charles Davies, and his daughter Elizabeth, went to Boston, 
Mass. The Professor and myself partly on business and partly 
for pleasure. The Professor had a cause pending there in the 
United States Circuit Court, before Judge Story, and I went 
on to argue it. But as my preparation was made before 
leaving home, no labor was required at Boston, excej)t to 
deliver my argument. We remained in Boston till the 4th of 
June. Only a small part of my time was occupied in court. 
The rest of it was passed in visiting, receiving visits, and 
ridins: in the environs of Boston. The Professor and I both 
had friends in Boston. We were kindly received, and marked 
attention was paid to us and our ladies. A full account of 
this visit, and of the friends we met, will be found in my 
diary. 

On the 4th of July I went up to Albany with your mother 
and the children on their way to Geneva, and passed a couple 
of days there visiting relatives and friends. On the 9th I went 
over to Springfield, N. J., and passed a couple of days with 
Mrs. Campbell, Eliza, and my son, Samuel C, and on the 13th 
went to Weston, N. J., to visit Mr. and Mrs, Isaac K. Cornell, 
and passed four days with them. 

While attending court at Utica, I went to Geneva and 
passed the 20th of July, being the Sabbath, and returned to 
Utica on Monday ; and on the 24th of that month, having 
finished my business at Utica, I went to Geneva and remained 
there till the 27th of August, with the exception of one day 
spent at Kochester in professional business early in August. I 



AND COLLATERAL REMINISCENCES. 245 

came again to Geneva from Rochester on the 2cl of September, 
passed the day there, and left the next day for the city with 
your mother and the children. My time at Geneva was spent 
as it usually was when there for recreation, in walking, riding, 
fishing, rowing and sailing on the lake, hunting, social inter- 
course, and reading. I wrote some this year, mainly in pre- 
paring by-laws for the Bible Society. During the month of 
September I made several short visits to Springfield, and at 
Robert's death was there several days. Again in the latter 
part of December your mother and I spent a week there. I 
went for rest and recreation. This visit completed my recrea- 
tion for the year. 

My ]3rofessional engagements took me from the city several 
times this year — as already mentioned, to Boston, Mass., in 
the latter part of May ; to Utica, in July, to attend the Su- 
preme Court, where I was detained several days ; to Rochester, 
early in August, to attend the Court for the Correction of 
Errors, and again in the latter part of that month. On this 
last occasion I was engaged there several days. I went again 
to Boston, Mass., on the 17tli of September, and was detained 
there several days; again on the 2d of October, and again on 
the 11th of November, when I was occupied there till the 16th 
of that month. On the 24th of November engagements in the 
Court for the Correction of Errors took me to Albany, and 
detained me there till the 3d of December. 

Some extracts from my diary will show my spiritual state, 
and progress, if any, this year in holiness of mind and 
heart : 

January 2d, Thursday. Being an account of the previous day. 
— " There was an interchange of family presents in the morning, 
which made the commencement of the day delightful. Gracious 
God, thy goodness and mercy appear to follow me and mine con- 
tinually. Oh help me to live in sweet submission to thy holy will. 
May the year now commenced be spent by me as becomes a dying 
and accountable sinner. May I feel more deeply than I have 
hitherto done my responsibilities, but especially may I experience 
and enjoy a more ready yielding to thy providences in regard to 



246 AUTOBIOGRAPHY 

myself than heretofore. Help me to be contented with my lot in 
this life, and to renounce the honors and distinctions of this 
world." 

February 24th, Monday. — " Spent my Sabbath as usual yester- 
day, but I hope with a slight improvement. It appears to me, that 
my interest in the services was deeper than it generally is. * * * 
The fault of the day was too much secular conversation in my 
family. " * 

March 10th, Monday. — " Spent my Sabbath yesterday as usual, 
though I hope with more than ordinary benefit to my soul. The 
Lord's supper was administered, and all the exercises of the morn- 
ing were delightful and refreshing. * * * Would that all my 
religious exercises and duties were as full of holy unction as those 
of yesterday forenoon ! and yet they were far below the standard of 
the Bible. I am, indeed, after all my best efforts, a guilty sinner 
before an infinitely holy God. Oh for His grace to overcome the 
world in my heart ! " 

September 5th. On our arrival home from Geneva. — "A 
kind Providence has watched over us in all our movements. 
Goodness and mercy have constantly followed us. I have been 
uniform in my morning and evening devotions during my absence 
fi'om home, and have had our children present in the morning 
when with them. I liave generally read in the Bible every day, 
sometimes more, sometimes less, but not as constantly and exten- 
sively as I ought. Whenever a review of the manner in which I 

* As the entry in my diary in regard to the manner of spending the 
Sabbath has been for some time past, and will be hereafter, " as umal,''^ 
I will here state my usual mode of spending the day : — Morning — After 
dressing in my room, private devotions, writing my diary, and family 
devotions in my library — family devotions consisting of reading a psalm 
from the Bible, each one reading a verse in turn, and a jDrayer by me. 
Forenoon— Hearing the children recite from the Catechism, and explain- 
ing it to them, and attending church. Afternoon— Attending church, 
calling the younger children together to tell me what they remembered of 
the sermons, reading appropriate to the day, as opportunity offered, and 
always a chapter in Scott's Bible with his Notes and Practical Observa- 
tions, unless they were too long for one day's reading, and if so, then only 
a part. At twilight telling the children an instructive story. Evening — 
A fimily concert of sacred music, conducted by Mrs. Foot. 



AND COLLATERAL REMINISCENCES. 247 

discharge my duties becomes necessary and is made, my delinquen- 
cies become manifest, and I feel how far, how very far, I am from 
the true Christian standard of the Bible. After my best efforts to 
serve and honor my Heavenly Father, I see that I am nothing, less 
than nothing spiritually, and that my trust must be alone in the 
merits and atonement of my Redeemer, Blessed Saviour, have 
mercy on me ; may thy intercession be effectual for my sal- 
vation." 

November 17th, Monday. After an account of my health, 
wliich Avas then much worse than it had been. — " If it be my 
Heavenly Father's Avill, I hope He Avill restore me to health ; if it 
is not, my prayer is to be ready and willing to yield a ready acqui- 
escence in His dispensations." 



1846. 

This year was in its general features like the previous one. 
My profession occupied most of my time. Social duties and 
reading nearly all the residue. Outside of these " The Ameri- 
can Bible Society again engaged a large share of my attention, 
and during the months of February, March, and Aj)ril took 
up a good deal of my time." 

A strong effort was made to overthrow and repeal the by- 
laws which had been adopted the year before, as I have already 
mentioned. They were found to be in the way of some indi- 
viduals who were deriving a large pecuniary benefit from the 
business and operations of the Society. At a meeting of the 
Board of Managers in March, a motion prevailed to refer the 
whole body of by-laws to a special committee of eight, under 
an avowal by the mover that the Society did not need a full 
body of by-laws, and only wanted a few simple regulations. I 
was on the committee, and fearing this unsound and danger- 
ous sentiment might prevail, and not having time, nor oppor- 
tunity to confer with my co-managers and acquaint them with 
the facts and reasons which convinced me, that the by-laws 
already adopted ought to be upheld and enforced, I wrote a 
pamphlet of twenty-eight octavo pages — 



248 AUTOBIOGRAPHY 

" Showmg (as I said in the first paragraph) the great losses 
sustained by the Society for the last eight or ten years, through 
the defective mode of arranging and conducting its business — also 
showing the necessity and importance of a full body of by-laws, 
prescribing the duties of the oflucers of the Society, and establish- 
ing an orderly, accurate, systematic, and accountable mode of 
conducting its business — also showing the great necessity and im- 
portance of a committee on printing and binding, whose sole duty 
shall be to take charge of the manufacturing and mechanical 
operations of the Society — and also showing the necessity and 
importance of separating the duties of assistant treasurer from 
those of the general agent and recording secretary, and appointing 
a competent person assistant treasurer, who shall give the nsual 
bond, with sureties, faithfully to discharge his duties, and truly to 
account for all money he receives." 

I had this pamphlet printed, and copies handed to the 
members of the special committee and to a number of my co- 
managers of the Society. It excited great interest, but 
effected the object intended. The special committee reported 
back the by-laws without any material alteration, and upon a 
report drawn by me, recommended their adoption. After full 
debate they were adopted by the Board of Managers. They 
proved of great service to the Society, and led, early in the 
following year, to the detection of a misapplication of the 
funds of the Society by one of its principal employees, who 
w^as the efficient actor in the effort to overthrow and repeal 
them. 

In the forepart of the month of May this year, at the 
request of my kinsmen in Connecticut, who were collecting 
materials for the "Foote Genealogy," published in 1849, I 
wrote a biographical notice of my deceased brother, Ebenezer. 
It will be found in the book mentioned, at page 313. As this 
brother, however, stood in unusually interesting relations to 
me in my youth and early manhood, I have concluded to insert 
and preserve this biographical notice among the " Papers 
Written by me." It is No. 32 of those papers. 

Not approving of the constitution presented this year to 



AND COLLATERAL REMINISCENCES. 249 

the people for adoption, I wrote a sliort article, briefly stating 
my objections to it. It was published in the Commercial 
Advertiser of the 14th of October, and is No. 33 of " Papers 
Written by me." 

Experience has shown that my objections were well 
founded, especially the one against an elective judiciary. 

The new constitution was adopted early in November. It 
abolished the old " Court for the Correction of Errors," and 
established in its place the " Court of Appeals." The last 
cause, which I argued in the old court, was heard on the 24th 
of November, near the close of its last session. On completing 
my argument, I delivered a brief eulogistic valedictory. It 
was well received, very generally published in the papers of 
this state, and attracted a good deal of attention. It was writ- 
ten before delivered, and is No. 34 of " Papers Written by 
me." 

The cause of colonization received some attention from me. 
On making my annual contribution, I was appointed a man- 
ager for life of " The Colonization Society of the State of New 
York." My appointment is dated the 9th of November, 1846. 

My children continued to receive increased attention from 
me this year. In addition to their religious instruction, and 
attention to their secular education, I spent considerable time 
talking, walking, and playing with them, especially with my 
two oldest boys. I played drafts frequently in the evening 
with John, and occasionally witli Samuel C. Our children 
were scattered again this summer. Euphemia and Mary went 
to Geneva early in May with their uncle and aunt Clark, to 
pass the summer with them. Near the end of June, Samuel C. 
went to Springfield, to pass July and August with his grand- 
mother and aunt Eliza. On the 1st of July, John, Alfred, 
Lawrence, and Eobert E. went to Geneva with their mother 
and me. We all remained there till the 7th of September, 
when we returned to the city, except Euphemia. She did not 
come home till the last of November, when her uncle and aunt 
Clark came to the city to pass the winter with us, as they had 
for several years before. 



250 AUTOBIOGRAPHY 

My health was not good during nearly the whole of this 
year. But by taking a cold bath early in the morning, and 
rubbing myself briskly eight or ten minutes — riding on horse- 
back five or six miles before breakfast, and strict attention to 
my diet, I was able to keep myself generally in condition to 
attend to my professional and other duties ; occasionally, how- 
ever, I was confined for a few days to my house. By perse- 
vering in this treatment of myself, my health improved in the 
latter part of the year, and to such an extent that on the last 
day of the year I wrote in my diary as follows : "For one 
thing especially should my heart glow with intense gratitude 
to my Heavenly Father, and that is, my improved health. 
He has answered my prayers in this respect, and I now ordi- 
narily enjoy good health. This is the greatest of earthly bless- 
ings, and may the confeiTing of it lead me to love and adore 
continually and fervently Him who granted it." 

My recreation this year consisted of a visit of a couple of 
days near the close of April at Springfield, as I say in my diary 
" To see Mrs. Campbell and Eliza, and breathe the country 
air " — of a visit there again the last of June of a day and a 
half — of rest from labor at Geneva during July, August, and 
the first week in September — of a visit at Springfield of a 
couple of days near the end of September, and of the two last 
days but one of the year. On this last occasion I took my 
three eldest boys with me, to give them as well as myself a 
skate on their grandmother's pond. 

While at Geneva, Mr. Clark and I took a trip with his 
carriage and horses of some six or eight days into the counties 
of Yates and Steuben. My son, John, was with us. We rode 
leisurely, fished occasionally for trout, called on some of my 
friends and acquaintances, and returned down our lake, 
having taken passage at Watkins for ourselves, carriage, and 
horses. 

My professional engagements took me from the city only a 
few times this year. I spent ten days at Albany in January, 
five days in September, and twelve days in November. 

While at Geneva I commenced negotiations for the pur- 



AND COLLATERAL REMINISCENCES. 251 

chase of the house and land there, which we called, after we 
obtained them, MuUrose/-' After my return to the city and 
on the 23d of September, the negotiations terminated in a 
contract of purchase. I say in my diary of that day, " It is a 
pretty establishment, and intended by me and Mrs. Foot as a 
retreat for ourselves by and by, as well as a quiet and pleasant 
home for our children." The deed for the property was 
delivered to me on my birthday, the 17th of December. The 
entry in my diary is in these words : " I received my deed and 
consummated my purchase of the jdace at Gi-eneva, the des- 
tined future home of myself and family. It is a singular 
coincidence that it was completed on my birthday." 

I have frequently mentioned in my diary among the tem- 
poral blessings for which our gratitude was due to our 
Heavenly Father, the fliithful services of domestics in our 
employ. We were always highly favored in this respect, and 
under God were indebted for this great domestic comfort, to 
the remarkable tact, judgment, good sense, and right feelings, 
which your mother always displayed in her intercourse with 
her household. 

This year Mary McMullen died. She lived in our family 
as cook nearly ten years. I wrote of her in my diary, and 
most truly, thus : " She was an eminent Christian, and dis- 
charged all her duties faithfully. She is doubtless a saint in 
heaven." 

Some extracts from my diary will show the state of my 
religious feelings this year, and my progress, if any, in 
holiness : 

January 1st, Thursday. — " I begin this year under a resolution, 
formed in the presence of my God, and to keep which I ask His 
blessing, to live nearer to Him this year than I have ever done 
before, and also to be more deliberate and considerate in my inter- 
course with my family and fellow-men." 

Januaiy 12th, Monday, — "Spent my Sabbath yesterday as 
usual. My interest in the exercises in church Avas equal to what it 

* Mrs. Foot gave our place tMs name, and I approved aud assented. 



252 AUTOBIOGRAPHY 

generally is, and I hope somewhat greater. With God's blessing, 
I hope to enjoy more and more His precious Sabbaths, and delight 
more and more in the duties of them." 

January 25th, Sunday. — It is a source of great thankfulness 
that prosperity attends me. I am not rapidly accumulating a for- 
tune, nor do I wish to, but my profession yields me a full supply 
of all my wants, and enables me gradually to add to my property. 
God is indeed merciful to me. He supplies all my wants. May 
my soul rejoice in Him and His salvation." 

April 17th, Friday. — "Last evening attended a meeting of a 
committee, and of the Board of Managers of the American Bible 
society A new and revised edition of the by-laws of that society, 
drawn by me, were adopted by the committee, and afterwards by 
the Board of Managers. I thank my Heavenly Father for carry- 
ing me safely through this difficult, and at times unhappy matter, 
and for making me the instrument of giving the society a good 
body of by-laws." 

Monday, May 4th. — "Spent my Sabbath yesterday as usual. 
My Sabbaths are becoming more delightful to me — at least, so it 
appears to me. When the day comes I rejoice, and all its duties 
are agreeable to me. Would that I could or did perform them 
better than I do." 

June 29th, Monday. — " Attended prayer-meeting last evening, 
and at the request of one of the consistory conducted the services. 
This is the first time I have performed such a duty, and hope it 
was acceptable to my Heavenly Father, and beneficial to the 
hearers." 

June 30th, Tuesday. On leaving home with Mrs. Foot and 
the children for Geneva. — " I rejoice and am thankful that a kind 
Providence enables me to go myself and take my family to so 
healthy and agreeable a place as Geneva during the warm season. 
His goodness and mercy continually follow me, unworthy as I am 
of His favors. Oh may I live hereafter more in accordance with 
His will than I have heretofore ! His grace alone can enable me to. 
Heavenly Father, give me grace to live as thy child in Jesus, and 
prepare me for thy holy presence. I ask it, and all things, in the 
name and for the sake of thy Son, my Eedeemer." 

November 27th, Friday. — " Yesterday was Thanksgiving day. 
I endeavored to realize the true spirit with which the day should 



AND COLLATERAL REMINISCENCES. 253 

be kept, and to feel truly grateful for the many blessings which 
have been bestowed on me and mine during the past year.*' 

December 15th^ Tuesday. — "To-day Mrs. Foot is thirty-eight 
years of age, and the return of her birthday, accompanied by the 
possession of full health, fills me with thankfulness to my Heavenly 
Father for sparing her life, and permitting me and our children to 
enjoy the happiness and benefits of a faithful, intelligent, and 
educated wife and mother." 

December 17th, Thursday. — " This is my birthday. I am fifty- 
six years old. Another year has been added to my life, and I am 
one year nearer the judgment of my God. Oh, what a solemn 
scene that will be! To see my Heavenly Father face to face, and 
know Him as I am now known. Blessed Saviour, thou only canst 
sustain me in that trying hour. I have infinite cause of thankful- 
ness for being permitted to see this day in the enjoyment of health. 
A year since my health was poor, and my constitution seemed to 
be giving way ; but now, thanks to a kind Providence, I am in the 
enjoyment of good health, though still feeling the necessity of out- 
door exercise, moderation in business, and caution in diet. May 
my soul glow with holy love and gratitude for the many blessings 
which are constantly bestowed on me and mine." 

December 31st, Thursday. — " These lines close the record of 
another year of my life. Still I am obliged to say, how barren of 
good deeds ! how far short in the discharge of duty ! how far below 
the standard of a Christian life ! and yet I hope that my walk is 
somewhat more closely with my God than at the commencement 
of the year." 



1847. 

Most of my time this year was occupied very differently 
from that of any previous year. 

Your mother and I, after full consideration, determined to 
change our residence from New York to Geneva. The princi- 
pal reasons for the change were — first, to relieve me from the 
pressure of my profession, and thus restore me to full health, 
and second, to give our children room and opportunity for 



254 AUTOBIOGRAPHY 

physical, moral, and intellectual development. Having at the 
veiy beginning of the year formed this determination, I pro- 
ceeded promptly to carry it into execution. I sold my house 
in the city on the 13th of January, or rather exchanged it 
with my nephew, Thomas A. Davies, for a store in Beekman 
Street.* On the 19tli of that month, I left the city for 
Geneva, to make arrangements for alterations and additions to 
our house there, and for changing the location of the out- 
houses and erecting additional ones. My time was almost 
entirely occupied in that duty till the 10th of February, when 
I left Geneva for the city. On the 30th of March I went again 
to Geneva, and was engaged there till the 22d of April in 
superintending the work on my dwelling-house and out-houses, 
the trimming and manuring of my fruit and forest trees, the 
removing and erecting of fences, purchasing horses, wagons — in 
short, in procuring and arranging everything required to ren- 
der my garden and small farm productive, and our residence 
convenient and pleasant. I returned to the city on the 22d of 
April. 

On the 9th of April, and while I was at Geneva, your 
mother went over to Springfield to remain with her mother 
and sister through the spring. She took two of the children 
with her, Euphemia and Robert Ebenezer. A few days sub- 
sequently, and on the 18th of that month, a well-formed, 
healthy son was given us, whom we afterwards named 
Thomas. 

On the 12th of May I left the city and our former resi- 
dence there for Geneva, and took with me our four eldest boys. 
Your aunt Euphemia was ill, and she and Mr. Clark could 
not accompany me as had been intended. Your aunt Wilbur 
kindly took their place and came with me. 

I spent the summer, with the exception of only one week, 
and the autumn till the 26th of October, at Geneva, and 



* It was thought at the time by many of our friends, that I had made 
an unfortunate bargain ; but the result (1869) has shown that it was a 
fortunate one. 



AND COLLATERAL REMINISCENCES. 255 

almost the whole of that time was occupied in preparing 
Mullrose for the reception of my family and establishing them 
there. In the month of June, at the earnest request of a 
client in the city, I went to Detroit, Mich., on professional 
business, and was gone one week. This prevented me from 
going to Springfield for your mother and the children with 
her. Your uncle Lawrence kindly took my place and went for 
them. They arrived at Geneva on the 23d of June. We 
were thus all together once more, but not yet in our own 
house. John and Samuel C. began sleeping at Mullrose on 
the arrival of your mother and the children with her, and I 
slept there for the first time on Saturday night the 14th of 
August. On Monday following we removed from your uncle's 
at Mile Point to Mullrose, and dined there. That was our 
first meal in our new home. 

This change of our residence has proved a most fortunate 
and happy one, as the subsequent history of the family will 
show. 

Before proceeding to give an account of my life at Mullrose, 
I will go back to the beginning of the year, and bring uj) my 
nan-ative to the time I commenced my residence there. 

On New Year evening, we gave a family party with a few 
friends added. My account of it in my diary is as follows : 
" They assembled at about 8 o'clock. We had supper at 10, 
and our friends left at about 11| o'clock. We had a charm- 
ing evening. Our entertainment was without wine of any 
kind. This is the first time we have adopted that course. Its 
absence was not missed — at least, appeared not to be." 

My time in the city before removing to Geneva was joassed 
in general as it had been in previous years ; my profession 
requiring most of it, social duties, reading, and attention to 
my children nearly all the rest. I had to give some time to 
arrangements for changing my residence ; they, however, re- 
quired but a very small portion of it. I attended regularly 
the meetings of the Board of Managers of the Bible Society. 
Of the meeting held on Thursday the 7th of January, I made 
the following entry in my diary : " Afternoon attended a 



256 AUTOBIOGRAPHY 

meeting of tlie Board of Managers of the American Bible 
Society. Had an interesting meeting. The last of the meas- 
ures of reform, introduced last year by the committee of which 
I was chairman, was carried into effect, greatly to my gratifi- 
cation." On the 5tli of May I declined a re-election as man- 
ager, because unable to discharge the duties of the trust by 
reason of my removal from the city. 

While at Geneva in the winter and sj)nng, I visited a good 
deal in the evenings ; my friends being very attentive and kind. 
When there in the winter, I lodged with my friends, Mr. and 
Mrs. William N. Clark. 

My mother-in-law, Mrs. Samuel Campbell, died suddenly 
at Springfield, N. J., on the 30th of July. We were all 
deeply afflicted, and especially your mother, by this unex- 
pected bereavement. Your grandmother was an intelligent, 
well-educated, and accomplished old lady. She was a kind, 
affectionate, and faithful wife and mother, and to her many 
virtues added the priceless ornament of a Christian character 
and spirit. 

After Ave occupied Mullrose, and it became our residence, 
there was considerable work to be done to put the place in 
order. This required my attention and took up my time till 
early in October. The mechanics and workmen were not dis- 
charged till the 4th of that month. After they were gone I 
resumed my reading and professional studies, and continued 
them until I went to the city on the 26th of October. I 
lodged in the city with my nephew in my former residence, 
and was detained there till the 26th of November, engaged in 
settling the estates of my father and mother-in-law, and 
attending to individual and professional business — mainly the 
latter. After my return from the city, reading, JDrofessional 
studies, social duties, and attention to the children occupied 
my time. 

Your mother and I united with the Reformed church in 
Geneva, on Sunday, the 5th of December, on certificates from 
the Collegiate Reformed church in New York. Our son 
Thomas had previously, and on the 3d of September, been 



AND COLLATERAL REMINISCENCES. 257 

baptized by the Kev. Dr. Abeel, the pastor of the Keformed 
church at Geneva. 

These changes of residence and ecclesiastical relations did 
not occur without frequent communion with my God in 
thanks, prayer, and praise. 

My religious exercises, thoughts, feelings, and duties will 
appear by extracts from my diary : 

January 2d, Saturday. After an account of the previous day. 
— " Thus the first day of the new year was passed. I had many 
dehghtful seasons, or rather moments of sweet and close commun- 
ion, with my Heavenly Father. I am resolved to live nearer to 
Him, and pray for grace to do so. Oh, give me thy Spirit, holy 
Being, and endue me plenteously with heavenly graces. I ask it 
for my dear Redeemer's sake." 

January 4th, Monday. After stating the manner of spending 
the day before. — "It gives me real joy to be able to say, that the 
Sabbath was better spent than usual. I was less carried away by 
worldly thoughts than ordinarily, though still far, very far, below 
the standard of Christian duty. With God's blessing, I hope to 
pass my Sabbaths more and more in accordance with His will, 
until I enter upon the heavenly Sabbath that shall have no end 
and no alloy." 

February 13th, Saturday. After my return from Geneva. — 
" While at Geneva my devotions in general appeared to me to be 
purer, and more earnest than heretofore — my God and Saviour 
more near and dear to me — ^my communion with them more close 
and holy. Gracious God, accept my deep and sincere thanks for 
preserving me and my family during my absence, and permitting 
me to join them in health and peace. Bless, I entreat thee, our 
contemplated change of residence, and fit me and mine for thy 
holy presence." 

March 15th, Monday. — "Spent my Sabbath yesterday as usual, 
but I think I can say better than I generally do. The sacrament 
of the Lord's supper was administered, and greatly enjoyed by me. 
' It is the last occasion of that kind which will occur while Mrs. 
Foot and I are residents of New York. She could not be with 
me. Her health would not permit it. My soul was refreshed, en- 
larged, and brought near to my God and Saviour. God, may 
17 



258 AUTOBIOGRAPHY 

the influence of this communion remain with me for life, and may 
I live nearer and nearer to thee, as I approach the grave. Com- 
munion with my Heavenly Father becomes, as I believe, more and 
more delightful to me, and gives me an assurance, which I hope is 
not fallacious, of some growth in grace. Lord, make me thine 
own in Christ. Sanctify me, and forgive me my sins for His 
sake." 

May 3d, Monday. — " Spent my Sabbath yesterday as usual, but 
thanks to my Heavenly Father, whose Spirit leadeth me in all 
right ways in which I go, the day Avas spent better than any Sab- 
bath within my recollection. I read more, held more frequent and 
close communion with my God, paid better attention, had fewer 
worldly thoughts, and less secular conversation. But in the even- 
ing had more secular conversation than I ought, and although I 
tried, I could not lead and keep conversation on topics peculiar to 
the day. After all, I fell far short of the true standard of Chris- 
tian duty." 

May 12th, Wednesday. The day I left my former residence in 
New York for Geneva. — " Before leaving this residence, I desire 
to record my deep, solemn, and earnest thanks to my Heavenly 
Father, for His many, very many, mercies and favors bestowed on 
me while I have occupied it, my great unworthiness of the least of 
them, and my sincere and earnest prayer that He will watch over 
me and mine on our contemplated journey, be with us in our new 
residence, and continue to grant unto us, and to me, a guilty 
sinner. His mercies and favors, and especially to give me a clean 
heart and renew within me a right spirit. Gracious God, I com- 
mit myself and mine to thy holy keeping. Forgive my many and 
heinous sins, and accept of me, for Christ's sake." 

August 14th, Saturday Evening. The night of that day being 
first time I slept at Mullrose. — " My first duty, and I rejoice to be 
able to say, the first impulse of my heart, is to thank my Heavenly 
Father for this delightful residence, for preserving me and mine 
since we left our former dwelling in New York, for giving Mrs. 
Foot, myself, and our children the blessing of health during all 
this period, and bringing all things together for my good. I pray 
that He will protect me and mine during the night, that I may 
rest in peace and awake in health. I ask these and all things in 
the name and for the sake of my blessed Saviour, Jesus Christ." 



AND COLLATERAL REMINISCENCES. 259 

August 17th, Tuesday. The day following the removal of my 
family to Mullrose, and after an account of that removal. — "I 
thank my Heavenly Father for permitting me to assemble my 
family again in my own dwelling. We had family prayers at 8^ 
o'clock P.M. The whole family was present. I resumed yesterday 
my reading in Scott's Bible, and am most thankful to be able to 
do so." 

August 18th, Wednesday. — " Yesterday morning I may say as 
usual. Had my private devotions, wrote my diary, heard my eld- 
est sons repeat their verses in the Bible, had family devotions, and 
read in Scott's Bible a chapter and part of the notes to it." 

While I mention in this entry in my diary that I heard 
my eldest boys repeat their verses, I should mention, that as 
my children, daughters and sons, advanced so as to be able to 
learn verses in the Bible, they learned and repeated them to 
me in the morning, and to their mother when I was absent, 
and until they respectively reached fifteen years of age — and 
as soon as my sons were old enough to learn and repeat the 
Lord's prayer, one of them opened in turn our morning devo- 
tions by repeating that prayer. This was followed by an ex- 
temporaneous prayer from me if I was present, and if absent, 
by a prayer from their mother, who used a form when she con- 
ducted the family devotions, which she always did in my 
absence. 

Thursday, September 23d. — I find by an entry in my diary 
under this date, that I determined to add to my morning 
duties, the spending of some time each morning, when the 
weather would permit, in superintending and assisting in the 
feeding of the animals on my place, and giving directions for 
the work of the day. This duty I have generally performed 
from that time to the present (1869). 

December 6th, Monday. — "Spent my Sabbath yesterday as 
usual. The sacrament of the Lord's supper was administered. At 
this communion Mrs. Foot and I united with the Eeformed 
church of this village on certificate from the Collegiate Eeformed 
church of New York. One of our family, a nurse, at the same 
time united with the church on confession." 



260 AUTOBIOGRAPHY 

December 17th, Friday. — "This is my birthday. The Lord 
has spared me for another year, and during it a great change has 
been made in my domestic arrangements, Avhich has been ah-eady 
recorded in my diary. My health has been very good during the 
greater part of the year, and general prosperity has attended me. 
The goodness and mercy of my God follow me continually, and 
my soul ought to glow constantly witli holy love and gratitude. 
But I am still far from Him. The trifles of the world occupy far 
too many of my thoughts and affections. The attention which a 
change of residence has obliged me to give to domestic matters has 
more than usually led me into secular thoughts. Since my 
arrangements are now made, I hope to live nearer to my God. Oh 
may I be prepared to meet my Saviour on His throne of judgment. 
Heavenly Father, fill me Avith thy Spirit, sanctify my soul, and fit 
me for heaven. I ask all for Christ's sake and in His name." 

January 1st, 1848, Saturday. Containing an account of the 
previous day. — " Thus another year of my life has been spent. 
How full the record of it is of my deficiencies. God, have mercy 
on me, and forgive me my sins, for Christ's sake. Help me to live 
hereafter more in accordance with thy holy will." 



1848. 

Nearly ten months of this year were passed at Geneva ; 
the rest of it, at the East, mainly at Albany and New York. 
My profession occupied only a small portion of my time while 
at Geneva. The principal part of it, indeed almost the whole 
of it, Avas consumed in social duties and enjoyments — reading, 
riding with your mother, our children and relatives, and in 
domestic matters. By these I mean providing for my family, 
and improving and cultivating Mullrose. Our children also 
required and received a portion, though comparatively a small 
portion, of my time. I often assisted my two oldest boys in 
their Latin lessons. In April and May we planted 227 trees. 
They were mostly forest trees and evergreens. We also 
planted a considerable number of ornamental shrubs. 

On the 4th of July I made the following entry in my 



AND COLLATERAL REMINISCENCES. 261 

diary : " My place being now mainly in order, and in a condi- 
tion to cultivate, it is my intention hereafter to be more regu- 
lar in my hours of study and reading, and more attentive to 
the education of my children." 

This year your uncle Lawrence and I built the boat-house, 
which we used in common while he resided in Geneva, and of 
which I am now (1869) the sole owner. My beautiful White- 
hall boat, which we all used and enjoyed so much for 19 
years, arrived from New York on the 30th of July. 

George was born on the 17th of July, and baptized on the 
1st of September. 

I delivered only one public address this year. That was a 
speech at a political meeting, held at the village of Phelps, 
then called Vienna, on the afternoon of the 31st of August. 
The object of it was to advance the Whig cause, and promote 
tlie election of General Taylor as President of the United 
States. It was not written out, and I have j)i"eserved only 
brief heads of it. My notice of it in my diary is in these 
words : "I made a plain practical speech to a body of intelli- 
gent and practical farmers." 

My absences this year from Geneva on professional business 
were the following : From the 15th of March to the 6tli of 
April at New York, and again from the 21st to the 28th May 
— from the 5th to the 24tli of Sej^tember at Albany and New 
York — from the 2d to the 20th of October at Newburg, New 
York, and Allianj', and from the 10th to the 14th of Decem- 
ber at Penn Yan. On each of these occasions I was engaged 
in the argument or trial of important causes, and when not 
occupied in court spent most of my time in social intercourse. 

I will now give some account of my religious reading, 
exercise, and spiritual condition and progress during the year, 
and mainly in extracts from my diary : 

August 26, Saturday. — "Yesterday morning as nsual, and com- 
pleted the reading of Scott's Bible. I began this work several 
years since, and it has been my daily and morning reading since 
that time. I have read all Scott's Notes and Observations in con- 
nection with the text. My course has been to read the chapter 



262 AUTOBIOGRAPHY 

through, and then the verses in connection witli each note, or 
rather upon which the note was made. I trust this course of 
reading has been blessed to me, though on looking back I find 
much to grieve me and sorrow over. My thoughts have often 
wandered away on to secular subjects, when they should have been 
intent upon the topics concerning Avhich I was reading. Often 
listlessness and indifference prevailed, when aiixiety and earnest- 
ness should have characterized my reading. Many times inadequate 
reasons have induced me to omit my reading for the day — in 
short, the whole duty of reading God's Word with the Notes and 
Observations of this most pious and learned man has been 
imperfectly performed. Heavenly Father, forgive these shortcom- 
ings of duty for Christ's sake, and if consistent with thy holy 
will, may the course of reading just completed prove profitable to 
my soul." 

August 27th, Sunday. — " Yesterday morning as usual, except 
my customary reading, as I had not yet determined what it should 
be. As I have read the Bible once through with Notes and Obser- 
vations, I intend now to read it through without them, and to 
commence this day. Gracious God, bless the reading of it to the 
profit of my soul, and if agreeable to thy will, spare my life, that I 
may accomplish it, and be an instrument in thy hands to promote 
the good, spiritual and temporal, of my fellow-men." 

Monday, August 28th. — " Spent my Sabbath yesterday as 
usual. * * * Began the reading of the Bible in course, and 
read the two first chapters." 

January 1st, Saturday. — " This year is commenced under most 
happy auspices. I have every comfort around me that man can 
reasonably desire. My heart should glow with holy love and 
gratitude to the Giver of every good and perfect gift ; and with 
His blessing, I hope to live hereafter nearer to Him." 

April 17th, Monday. — "Spent my Sabbath yesterday as usual, 
and better than I did my last one, though far from as well as it 
ought to have been. Oh, when shall I be able to pass one Sabbath 
on earth as it ought to be ! Never, I fear." 

May 7th, Sunday. — " Last evening was delightful, and we passed 
it on the piazza. There came a shower just after we had finished 
the work of the week, and just in time for the work done. How 



AND COLLATERAL REMINISCENCES. 263 

kind is my Heavenly Father in all His dealings with me ! Oh 
that my heart was full of holy affection for Him ! " 

June 5th, Monday. — " Spent my Sabbath yesterday as usual. 
The sacrament of the Lord's supper was administered in our 
church, and I was able to enjoy it. My soul was engaged in the 
ordinance and refreshed by it. Still there were many things to 
sorrow for. Oh that I may be renewed in the image of my 
Heavenly Father, and fitted for His presence ! " 

July 9th, Sunday. — " Yesterday dismissed all my extra labor- 
ers, my place being generally in order. For it I thank the Giver 
of every good and perfect gift." 

July 17th, Monday. The day George was born. — "He is per- 
fect in his form, and appears to have all his faculties. For this I 
thank my Heavenly Father, and pray that the child may be 
brought up in His fear and to His glory." 

July 28th, Friday. The day my wheat was thrashed. — "I 
have a large yield of wheat, viz., 123 bushels from 4 acres. All 
my crops are promising, for which, gracious God, I thank thee, 
who art the Giver of every good and perfect gift." 

August 15th, Tuesday. — " Alfred was considerably hurt yester- 
day morning, in falling from the butcher's wagon, and in great 
peril Gracious God, I thank thee for preserving him from serious 
injury." 

November 23d, Thursday. Thanksgiving day. — "Not only in 
discharge of a duty owing to my Heavenly Father, but in accor- 
dance with a wish which I trust is earnest and warm, I desire to 
record my deep and solemn thanks to a Bountiful Providence for 
tlie great abundance of the good things of this world which He 
has vouchsafed to me and mine during the past year, and especi- 
ally for the full health which Mrs. Foot, myself, our children, and 
family have enjoyed — for a continuance of our spiritual privileges 
and the priceless blessings thereby conferred. Gracious God, con- 
tinue to us tliese blessings, spiritual and temporal, if consistent 
with thy holy will. I ask it for Christ's sake." 



264 AUTOBIOGRAPHY 



1849. 

This year was passed mainly as the previous one was, but 
differently, however, in several particulars. I spent less time 
at Geneva. Only about eight months instead of ten were 
passed there. My profession also occupied a much larger por- 
tion of my time, and I took this year two journeys, and spent 
several weeks in visiting my relatives at Ogdensburg and the 
East. While at Geneva my time was occupied in j)rofessional 
business and studies, social duties, reading, attention to my 
children, and domestic mattei's. In August and September I 
planned and superintended the building of the conservatory. 
This took a portion of my time for several weeks. Besides 
instructing my children, and aiding them in their studies, I 
spent considerable time with them in amusements, such as 
hunting, fishing, riding, rowing on the lake, and playing chess, 
drafts, and backgammon. Quite frequently during the spring, 
summer, and autumn, and when I felt the want of exercise, I 
worked half a day in the field or garden. 

My professional engagements were of a high grade. I 
argued a number of important causes in the Court of Appeals. 
My preparation for these arguments was made in my library 
at Geneva. Clients, too, at Geneva and in the vicinity, fre- 
quently called upon me for advice and opinions in matters of 
more than ordinary importance. 

While away from Geneva I wrote constantly, and nearly, 
if not quite, as often as every other day to your mother, or some 
one of the children, and frequently my letters covered two 
sheets of paper. 

Some opportunities were afforded me this year of doing 
something outside of my profession for the good of others. 
While at Albany in January attending the Court of Appeals, 
I became a member of the New York State Agricultural 
Society, and attended a meeting of that Society, held at the 
Capitol, on the 18th of that month, and took a part in its 
proceedings. I offered a resolution, that an application be 



AND COLLATERAL REMINISCENCES. 265 

made to tlie Legislature of the state for the j)uhlication of a 
new edition of the " Natural History of the State/' to he dis- 
posed of at cost to the citizens of the state. The resolution 
was well received and unanimously adopted. The measure 
was tavorahly noticed, and I was complimented in the Albany 
Express.* 

A public meeting was held at Geneva on the 4th of July, 
" To consider the subject of the recognition by the Grovern- 
ment of the United States of the Republic of Liberia as 
an independent nation." At the meeting I made a brief 
address, and offered a series of resolutions, which I had drawn 
the day before. They were adopted, and are No. 35 of " Pa- 
pers Written by me." The proceedings of the meeting and 
the resolutions in full were published in the papers of Greneva, 
and in the African Repository of October, 1850, 

At a meeting of the friends of Temperance held at Geneva 
on the 24th of August, an association was formed to promote the 
cause of Temperance, called the " Seneca Temperance League." 
A constitution and by-laws were adopted. I was elected Presi- 
dent of the League, and made an address, which apjieared to 
be well received. The proceedings of the meeting were pub- 
lished, and I was reported to have " eloquently addressed the 
League " on being conducted to the chair. The League met 

* From Albany Express of 25th January, 1849 : 

We notice in tlie proceedings of the State Agricultural Society of 
Thursday evening, a motion T\-as made by Samuel A. Foot, Esq., formerly 
of New York, to petition the Legislature for the publication of a new 
edition of the "Natural History of the State," to he disjMsed of at cost to 
our own citizens. The suggestion is a timely one, and will jDrobably meet 
■with a ready concurrence. Mr. Foot, whose name as a lawyer of distin- 
guished reputation is familiar to all, we are happy to see, having retired 
from the more active business of the profession, is quietly devoting him- 
self to agricultural pursuits, and in the interim of professional emijloy- 
ment, occupying his attention with the science of agriculture. Since 
leaving New York, he resides on his farm at Geneva. As a man of dis- 
tinguished ability and straightforward, honorable dealing, Mr. F. ranks 
deservedly high ; it is the more gratifying, therefore, to find him active 
in a business of such general interest to the state. 



266 AUTOBIOGRAPHY 

weekly during the year. I generally attended and presided, 
and often made a brief address. 

On Sunday tbe lltli of November, I attended the Sunday- 
school of our church, and undertook the instruction of a class. 
I say in my diary that "I deemed it my duty to do this, as 
our pastor had left us." On Christmas day, I addressed the 
children, and presented some books to the school, which were 
distributed as rewards to the deserving. 

William was born on the 25th of September. 

My absences from Geneva on professional business were 
the following : — From the 9tli to the 30th of January at 
Albany, to attend the Court of Appeals — from the 26th of 
April to the 1st of June at New York, to attend the same 
court, which sat at Brooklyn — from the 9th to the 28th of 
July at Norwich, Chenango County, to attend the same court 
— and from the 4th to the 18th of October at Buffalo, to 
attend the same court. 

When I went to New York on the 26th of April, I took 
Samuel C. with me, and while there made a visit of a 
cou^ile of days to your aunt Eliza at Springfield, and of 
several days to Mr. and Mrs. Cornell at Weston, N. J. On 
each of the occasions, when attending the Court of Appeals, I 
had a good deal of time for reading and social enjoyments, as 
my preparation for my arguments was made before leaving 
home ; and while at Buffalo, went to the Falls with Judge 
and Mrs. Cady to see the Suspension Bridge. 

Early in February I Avent to Ogdensburg, to meet and visit 
my four surviving sisters, who had met there for a family 
union. We passed several days together and one Sabbath. 
On that day we all partook of the sacrament of the Lord's 
supper in the Presbyterian church. This was our last meeting 
in this world. My sisters have all since died, and I am now 
(1869) the only survivor. They were earnest Christians, and 
each one died calmly and happily. 

On the 21st of November, I went to the city and took 
John with me. The object of the journey was mainly to visit 
our relatives at the East, though I had some individual busi- 



AND COLLATERAL REMINISCENCES. 267 

ness in the city, which required my attention. We did not 
return home till the 15th of December. While absent we 
made a visit to your aunt Eliza at Springfield, and to Mr. and 
Mrs. Cornell at Weston, N. J. ; also to my nephew, Hubert 
Scovill, and his family, at Watertown, Connecticut. We 
spent several days and ate our Thanksgiving dinner with 
them. This was on the spot where I was born, and the first 
Thanksgiving dinner eaten there, according to my best present 
recollection, since I left it, in 1805. On our return we stopped 
a couple of days in Albany to visit my nejihew, James 
Edwards, and his family, and other relatives in that city. 

An account of my religious duties and exercises, as re- 
corded in my diary, will complete my history for the year 
1849: 

February 2Gth, Monday. After mentioning that I attended 
church forenoon and afternoon. — " Was able to give better atten- 
tion than I often do. Bead rather more in the course of the day 
than I generally do. Would that I could withdraw my thoughts 
from the world, and give them up to my God. Oh could I realize 
the ol)ject of my creation, viz., to glorify God, what a different 
fife (spiritually at least) should I live ! " 

April 14th, Saturday. — " My house took fire yesterday, and in 
putting it out my hands were badly burned. My house came near 
being destroyed. A merciful Providence alone saved it. God, 
I render sincere and hearty thanks to thee for sparing my dwell- 
ing from. the devouring element." 

June 1st, Friday. After my return from New York. — "I 
thank my Heavenly Father for preserving me and my family dur- 
ing my absence, and permitting us to meet again in health and 
happiness. Gracious God, take us all into thy kind keeping, and 
prepare us for the duties of this life, and for thy holy presence 
after death. I ask it and all things for Christ's sake." 

June 4th, Monday. — " Spent my Sabbath yesterday as usual. 
The Lord's supper was administered in the forenoon, and I hope 
to ray spiritual profit. It seems as if my progress in spiritual 
things was very slow, if, indeed, it does not recede. Gracious God 
be merciful to me, and fill me with thy Spirit." 

September 25th, Tuesday. After mentioning the birth of 



268 AUTOBIOGRAPHY 

William, wlio was our seventh son in succession and eleventh 
child, and that he was a healthy and well-formed boy, I add : — 
"Gracious God, I thank thee for this renewed evidence of thy 
favor. May this child be spared and brought up in thy fear and 
to thy glory. Spare and restore the mother to health, and let thy 
blessing rest upon all the children thou hast given us, and upon 
us the parents. I ask it for Christ's sake." 

December 15th, Saturday. — " This day is Mrs. Foot's birthday. 
She enters upon her forty-second year. I thank thee, Heavenly 
Fatlier, for sparing her life, and giving to her improved health. 
Oh continue thy favor towards her, and bless her, for her dear 
Eedeemer's sake." 

December 17tli, Monday. — "This is my birthday. I am fifty- 
nine years of age, and enter upon my sixtieth year. My health is 
good and my faculties in full action. I feel no approach of age, 
and am as active in mind and body as at twenty-five. Gracious 
God ! how merciful have been all thy dealings with me fi'om my 
youth upward ! Pardon my numerous sins, and continue thy 
favor towards me. I ask it for Christ's sake." 

The preceding extracts from my diary do not exhibit the 
earnestness of the efforts of your mother and myself to lead 
your thoughts and feelings heavenward, nor the fervidness and 
frequency of our prayers for your conversion, nor the many 
consultations we held together to promote your spiritual wel- 
fare. The only record of these which remains is in our corre- 
spondence, and in their fruits as exhibited in the fact, that all 
our children, save one, now (1869) in life, being ten in num- 
ber, are professing Christians and members of orthodox 
churches. 

I will give an extract from one of my letters to your 
mother, written while attending court at Norwich, and dated 
the 23d of July, 1849: 

" I have been reading within a few days past when not engaged 
in court, the life of the second Mrs. Judson, written by her suc- 
cessor, formerly Miss Chubbuck, a distinguished teacher at Utica, 
and authoress of many interesting publications under the name of 
Fanny Forrester. The second Mrs. Judson was Sarah Hall, and 



AND COLLATERAL REMINISCENCES. 269 

widow of the deceased missionary Boardmaii, when she married 
Mr. Judson. She was a lady of great talents and good education, 
and far more interesting as a female than her predecessor. While 
reading the life of this lady, I was reminded often, very often, of 
yon, dear Jane. Mrs. Judson excelled as a mother and wife. In 
these relations of life she was indeed a shining light. Her talents, 
education, agreeable person, feminine delicacy, retiring manners, 
domestic disposition, and warm affections were all purified, ele- 
vated, and perfected by a piety and devotion almost unexampled. 
Charming and excellent as is her character, yet in one respect, my' 
dear wife, I think you excel her, and that is, as a mother in the 
management of your children. Mrs. Judson wanted to do too 
much. She was not willing to leave the bud to open of itself, and 
reach naturally its full bloom. She wanted to make it something 
more than it would become of itself, under judicious culture and. 
watchful care to protect it against deleterious influences. Over- 
action in the training of children is probably as injudicious as a 
want of reasonable care. * * * Your hours of devotion are 
doubtless unchanged. I often think of you and the children when 
thus employed, and try to join in spirit, though distant in body. 
* * * Wliat a glorious and beautiful result of our union in 
this world will l)e our union in heaven, with a company of immor- 
tal spirits brought into being and trained for the presence of God 
by our instrumentality. How indescribably joyful will be the 
meeting of parents and children around the judgment-seat, assured 
of the approving sentence of the Final Judge ! and how joyful be- 
yond all conception, the hearing of the sentence, and withdrawing 
together from His presence to dwell together through eternity in 
those mansions of rest He has prepared for those who love Him ! " 



1850. 

This year was passed at Geneva with comparatively short 
absences, the longest not exceeding twelve days. Some of 
them were on professional business, the others for various 
objects which will be mentioned in my account of the year. 
Those on professional business were — ten days at Albany in 



270 AUTOBIOGRAPHY 

the forepart of January, attending the Court of Appeals — 
seven days at the end of the month at Rochester, hearing a 
cause as referee — twelve days at New York in May, on various 
professional duties, and five days at Canandaigua in Septem- 
ber, hearing a cause as referee. My time at Geneva was divid- 
ed between professional business and studies, reading, domes- 
tic matters, and social duties and enjoyments, with only two 
exce^jtions. Near the close of the previous year, I accejited an 
invitation from " The Young Men's Association of BuiFalo," 
to deliver a lecture in that city on some early day of this year, 
when convenient for me. I devoted considerable time in 
January and February to the preparation of this lecture, and 
on the 26th of February went to Buffalo and delivered it. It 
was well received, and a copy asked for publication, which I 
declined. I delivered this lecture again before the young men 
of Geneva in February, 1853, and read it before " The Geneva 
Literary Association " in December, 1861. It is No, 36 of 
" Papers Written by me." It did some good. A gentleman, 
who heard it at Buffalo, wrote to me in December, 1851, and 
asked for a copy of it.* When re-delivered at Geneva, it was 
again well received, and favorably noticed in the village 
papers. f 

Early in March Samuel C. was appointed a midshipman 
in the United States Navy, and directed to appear at Anna- 
polis, Md., on the 1st of April for examination and admission 
to the Naval Academy. I took him from school and devoted 

* Extract from the letter referred to : — " I take the liberty, though a 
stranger, to address you, and ask you to send me a copy of the lecture 
you delivered before ' The Young Men's Association of Buffalo,' Febru- 
ary 26th, 1850, on 'Method in Business.' I listened to its delivery with 
much pleasure, and admired it as a chaste and eloquent production — rich 
in thought and beautiful in diction. I have often thought of the sound 
principles it inculcated, and desired a perusal of it." 

t One of the most instructive and beautiful lectures of the season was 
delivered by Hon. S. A. Foot last Friday evening. The importance of 
System and Method in the business of life was the topic. It was practi- 
cally illustrated by the examples of eminent men in this country, and was 
full of impressive truths and instructive admonitions. — Geneva Courier. 



AND COLLATERAL REMINISCENCES. 271 

myself to his instruction during nearly the whole of March. 
We left home for Annapolis on the last day of March. Sam- 
uel C. was examined on the 4th of April, passed a good ex- 
amination, and was admitted to the Academy. 

After passing a few days at Annapolis, I went to Washing- 
ton, and spent ten days very agreeably, having many friends 
and acquaintances there, who were kind and attentive. On my 
way home from Washington, I stopped at Annapolis and 
made Samuel C. a visit of a few hours. Euphemia left home 
with me and Samuel C. on this occasion, but stopped at New 
York to visit our relatives there and in New Jersey. 

Our Temperance League continued to hold weekly meet- 
ings during most of this year. I generally attended and pre- 
sided. I also continued to teach in the Sabbath-school till 
the latter part of November, when my own sons being away at 
school, and the other youth of my class dispersed, I ceased to 
teach. 

William was baptized on the 8th of June. i 

There being a vacation at the Naval Academy, Samuel C. 
came home the last of July, and remained with us till the end 
of September. 

To give myself some agreeable recreation, and my two old- 
est sons an opportunity to see a new and rough country, how 
deer were hunted and trout caught, I took them during the 
latter part of August by the way of Corning in this state, to 
Pine Creek, in the town of Gaines, Tioga County, Pa. My 
nephew, Thomas A. Davies, accompanied us. We employed 
some hunters with their hounds to assist us in hunting. The 
party killed several deer, and I, who spent my time mainly in 
fishing, caught a good many trout. We were gone ten days, 
and had a charming time. 

Samuel C.'s vacation having expired, I went with him to 
Annapolis at the close of September. We stopped at New 
York and spent a few days with our relatives there and in New 
Jersey. I remained at Annapolis three or four days, which 
were passed agreeably with Samuel C. and our friends there, 
of whom we had several interesting ones. My diary contains 



272 AUTOBIOGRAPHY 

their names, and an account of our social intercourse with 
them. On my return from Annapolis, I passed some da^'s in 
the city and New Jersey with our relatives. This trip to 
Annapolis was solely for recreation and social enjoyment. 

Early in November I took John to South Williamstown, 
Mass., and placed him in a private classical school, to enable 
him to complete his preparation for entering Williams Col- 
lege, where he was to receive his collegiate education. 

In December various considerations looking to Samuel C.'s 
future happiness and usefulness, led your mother and me to 
think it best to withdraw him from the navy, and with that 
view, I left home for Annapolis on the 17th of that month. 
Samuel C. was attached to a seafaring life, and was reluctant 
to resign his appointment as midshipman in the navy, but 
yielded to my opinion on my promise, that if, after he had 
received an education and was older, he still desired to follow 
the ocean and become a mariner, I would aid him in obtaining 
a position in the merchant service. After a stay of a few days 
at Annapolis, during which I went over to Washington and 
passed a couple of days pleasantly, I returned to Geneva with 
Samuel C. 

This completes the main incidents of the year 1850. My 
diary and the family correspondence contain a full detail of 
the occurrences of the year, and of our thoughts and feelings. 
We were a happy family during the whole year. 

Some extracts from my diary will show the state of my 
religious feelings, my efforts to maintain a Christian walk and 
conversation, and the little progress, if any, which I made in 
holiness of life. Before giving these extracts I will mention, 
that I have so frequently and fully stated already the manner 
in which I have kept the Sabbath for many years past — my 
manner of keeping it has been in general so uniform, for not 
only many years, but has continued to be so up to the present 
time (January, 1870) ; and my views of my duty in regard to 
the manner in which it should be kept so long settled and also 
so fully stated already, that my children will derive no benefit 
from my stating again or hereafter the manner in which I have 



AND COLLATERAL REMINISCENCES. 273 

kept any Sabbath. For this reason I shall not again state 
how I have spent a Sabbath, unless something extraordinary 
shall have occurred to prevent me from keeping it as I usually 
do. I think I may add with truth, that as years have 
advanced, I have rather improved than fallen back in keeping 
the Sabbath holy. 

January 20th, Sunday. The day after my return from Albany. 
" Gracious God, I thank thee for preserving me and my family 
during my absence from home, for permitting me to return to it 
in peace and happiness, and for all thy merciful dealings with 
me." 

March 31st, Sunday. The day previous to leaving home with 
Samuel C. for Annapolis, Md. 

" Gracious God, thou hast been merciful to me and mine hith- 
erto, and I pray thee to continue the exercise of thy mercy towards 
us. I commit my child, who is to leave his home, and as is 
expected permanently, to thy holy keeping. Watch over him, 
guard him against temptation, fill him with thy Spirit, and adopt 
him as thine own. I ask it for Christ's sake." 

Monday, June 10th. — " The sacrament of the Lord's supper 
was administered yesterday, and its reception was most grateful to 
me. Oh may I live after the example my blessed Saviour has left 
for me and others Avho desire to follow him ! " 

July 1st, Monday. — " This is the anniversary of the marriage of 
Mrs. Foot and myself We enter to-day on the 17th year of our 
wedded life. Gracious God, I thank thee for my dear companion 
and for sparing her life. Wilt thou continue to spare and bless 
us. I ask it for Christ's sake." 

Saturday, August 31st. The day after our return from our 
hunting and fishing excursion. — " Gracious God, I thank thee for 
permitting me and my children to reach our home in safety, and 
meet the other members of my family in health and peace." 

November 5th, Tuesday. The day of leaving home with John 
for South Williamstown. — " Gracious God, I commit this, my first- 
born, to thy holy keeping. Watch over him, I pray thee, keep 
him from temptation, deliver him from evil, endue him with a 
holy spirit, and adopt him as thine own in Jesus. So order that 
18 



274 AUTOBIOGRAPHY 

he may be useful in this life and happy in the life to come. I ask 
all in the name and for the sake of the blessed Saviour." 

December 12th, Thursday. — " This is Thanksgiving day, and I 
desire. Bountiful Benefactor, to record my thanks for the great 
abundance of temporal things with which thou hast blessed me 
during the past year." 

December 17th, Tuesday. — " This is my birthday. I am to-day 
sixty years of age. A kind Providence has highly favored me. 
My health is good, and my faculties of mind and body unimpaired. 
I am unconscious of the effect of years upon me. A young and 
increasing family are growing up around me. God, if consistent 
with thy holy will, spare my life, and continue to me the use of 
my faculties that I may be an instrument in thy hands to train up 
these children in the way they should go." 

1851. 

This was an eventful year at Mullrose. On the 20th of 
January I was elected an elder in our church, and after con- ' 
siderable reflection deemed it my duty to accept the office, 
and was ordained on Sunday the 16th of February. On the 
23d of February our twin daughters were born. They were 
baptized on the 5th of April following. One was named Jane, 
and the other Eliza Campbell. On the 10th of April I was 
appointed, by the Governor of this state, a Judge of the Court 
of Appeals, to supply a vacancy caused by the resignation of 
Judge Bronson, whose term of office expired at the end of 
the year. I took the oath of office on the 12th of April, and 
my seat on the bench on the 14th of that month. This was a 
high office, given by the appointing power without solicitation 
from me, and consequently a real honor. 

My appointment was approved by both political parties, 
and I think I may add with truth, was universally approved. 
Below, in a note, will be found notices of my appointment by 
some of the leading journals of that day.* 

* We understand that the Governor has appointed Samuel A. Foot, 
Esq., presiding Judge of the Court of Appeals, in the place of Judge Bron- 



AND COLLATERAL REMINISCENCES. 275 

The Whig Convention held at Syracuse on the 12th of 
September, nominated me as their candidate for Judge of the 



son, resigned. Mr. Foot, until within the last two or three years, was a resi- 
dent of this city, and for more than twenty years has been a successful and 
distinguished member of the New York bar. He partially retired from the 
practice of law, and removed to Geneva, two or three years since, but has 
retained connection with an office in the city, and has occasionally argued 
important cases. He has long been known throughout the state, as well 
as in the city, as an able and successful lawyer, and has been particularly 
distinguished for his skill and sagacity in conducting cases arising under 
commercial law. Probably no appointment could have been more grati- 
fying to the bar, or satisfactory to the people. Mr. Foot will make an 
able, firm, and impartial Judge. — iV". Y. Commercial Advertiser^ of April 
10th, 1851. 

Samuel A. Foot, Judge of the Court of Appeals, to fill the vacancy 
caused by the resignation of Greene C. Bronson. 

This aj)pointment was made upon the solicitation of a large number 
of the members of the bar of the city of New York, and of other portions 
of the state. The appointee is eminently qualified for the arduous duties 
of the office, and is a worthy successor of the distinguished jurist whose 
place lie is called upon to fill. — Albany Evening Journal, Friday Evening, 
April 11th, 1851. 

The Hon. Samuel A. Foot has been appointed, by Governor Hunt, the 
successor to Judge Bronson, resigned — a very unexceptionable selection. 
Mr. Foot is an eminent lawyer and upright man, possessing qualifica- 
tions and traits of character especially adapting him to discharge the 
high functions of the station with great ability and approbation. Mr. 
Foot has been extensively engaged in his profession for over twenty-five 
years. He removed from Albany to this city in 1838, where he has since 
jjractised in the higher courts — having the last two years spent a portion 
of his time at his seat at Geneva. It is a subject of real congratulation 
when such a man as Mr. Foot is elevated to the bench. In all* his per- 
sonal habits and dispositions Mr. Foot is admirably adapted for judicial 
service — diligent and methodical — jjatient and mild— constant and just 
— we have the best assurances, that while enlightened justice will be dis- 
pensed and the purest judicial rectitude observed, true dignity and con- 
ciliatory deportment will also be displayed by the appointee. — New York 
Herald, April 11th, 1851. 

Governor Hunt has appointed the Hon. Samuel A. Foot to fill the 
vacancy occasioned by the resignation of Hon. G. C. Bronson. The selec- 
tion will ensure general approval. Mr. F. has occupied for twenty-five 



276 AUTOBIOGRAPHY 

Court of Appeals, for the term of eight years from the 1st of 
January following. 

My nomination was well received, and regarded as giving 
strength to the ticket.* 



years past a high position at the bar of this state, and has been engaged 
in the higher walks of the profession. — iV. Y. Evening Express, Thursday 
Evening, April 10th, 1851. 

We learn by a telegraphic despatch from Albany, that Samuel A. 
Foot, Esq., of Geneva, formerly of this city, has been appointed presiding 
Judge of the Court of Appeals, in the place of Judge Bronson. Mr. Foot 
is a conservative of the right stamp, and will make an excellent Judge. 
He is about fifty-six years of age, possesses a comfortable fortune, and is 
well known and much resj^ected in this city, where he gained a high 
reputation as a sound and successful commercial lawyer. — N. Y. Evening 
Mirror, Thursday Evening, April 10th, 1851. 

Samuel A. Foot, Judge of the Court of Appeals, to fill the vacancy 
caused by the resignation of Greene C. Bronson. 

In this appointment the Governor has made a happy selection. All 
parties concur in a common verdict of satisfaction with the choice. Mr. 
Foot is a highly respected citizen of Geneva, and his fellow-citizens re- 
joice in the honor thus conferred upon him. — Geneva Courier^ April 
16th, 1851. 

* The Whig delegates have closed their labors. They have decided 
wisely and well. The nominees are all good men and true. No better 
ticket has ever been presented to the electors of the state. 

Samuel A. Foot is the present incumbent of the oflBce of Judge of the 
Court of Appeals. He was appointed by the Governor to fill the vacancy 
caused by the resignation of Judge Bronson. And he has proved himself 
fully qualified to discharge, faithfully and intelligently, the responsibili- 
ties of his high oflfice. He is the equal, in every way, of his learned and 
distinguished associates. If, as we hope, the people shall continue him 
in his present position, he will " magnify his office," and maintain, unim- 
paired, the high character of the judiciary of the state.— ^ZJany Evening 
Journal, September 12th, 1851. 

The Wliig State Convention wisely nominated for Judge of Appeals, 
the Hon. Samuel A. Foot, of Geneva, the present incumbent, who was 
appointed to the office last winter by Governor Hunt, to fill the seat re- 
signed by Judge Bronson. The eminent fitness of the selection is acknow- 
ledged by candid and intelligent men of all parties. His exalted legal 
attainments, his impartial urbanity, and his able discrimination, render 
him justly popular with the bar, and give him the highest confidence of 



AND COLLATERAL REMINISCENCES. 277 

The election was held on the first Tuesday of November 
following. The Whigs were not successful. My own elec- 



the people. But his forensic reputation is not his only strength. His vir- 
tues as a man and a citizen are unblemished, and command for him the 
highest respect of his neighbors and acquaintances. In his election, the 
dignity of th3 highest judicial authority in the state will be sustained, a 
deserving man will be honored, and through him the state itself — 
Geneva Courier^ Wednesday, September 17th, 1851. 

It would be ample evidence of the fitness of Samuel A. Foot, even 
were his personal and professional qualifications unknown to the Whig 
party, for the office of Judge of the Court of Appeals, that he is at 
present the incumbent of that responsible office by apiaointment of 
Governor Hunt, in whose sagacity and official integrity the Whig party 
of this state have wisely learned to place an unbounded confidence. But 
to many of the sterling Whigs of this state Judge Foot is known as a 
gentleman admirably qualified for the position which he now occupies, 
and in the tenure of which we sincerely hope he will be secured by the 
poj)ular vote. The character of the judiciary will suffer no loss of 
respect and dignity by his association with it ; and inasmuch as it is one 
of the prominent aims of the Whig jDarty to maintain the purity and c.e- 
vation that have hitherto attached to that branch of our institutions, the 
Whigs have a right to expect every man to do his duty to this veiy 
eligible candidate. — N. Y. Commercial Advertiser^ Saturday, September 
13th, 1851. 

We have already published the excellent ticket nominated by the 
Whig State Convention. Nominees better qualified personally for the 
respective offices, better representing the great interests of the state, and 
better able to harmonize and concentrate every element of strength in 
the Whig party of this state, could hardly have been designated. The 
ticket we regard as a work of wisdom, a band of unity, and a pledge of 
success. 

Samuel A. Foot, of Ontario, ajDpointed by Governor Hunt to fill the 
vacancy in the Court of Appeals, occasioned by the resignation of Judge 
Bronson, and now renominated for the acceptance of the people, has 
answered every expectation of his friends, and proved himself fully 
qualified for the arduous duties of his station. The judicial trusts and 
dignities reposed in his hands will neither be betrayed nor dishonored. 
— N. T. Courier and Enquirer. 

With regard to the nominees we take equal pride and pleasure in 
remarking, that they are all able and honorable men, that many of them 
have heretofore been lionored by the possession of responsible offices, 



278 AUTOBIOGRAPHY 

tion, though dependent mainly on the success of the political 
party who nominated me, was lost through the over-confidence 
of my friends. It was considered so certain, that no efforts 
were made to secure it, while covertly, a liberal use of money 
and great exertions were made to secure the success of my 
opponent. My defeat was a disappointment, and regarded at 
the time as a misfortune ; but on looking back to it now (Jan- 
uary, 1870), it was evidently a blessing. The history of my- 
self and family from that time to the present will clearly show 
it to be so. 

From the beginning of the year to tlie 10th of April, the 
time of my appointment as Judge, my time was divided 
mainly, as in the year before, between professional business 
and studies, reading, domestic matters, and social duties and 
enjoyments ; but during this period I was absent from the 
village on professional business several times — once at New 
York, from the 23d of January to the 8th of February, once 
at Canandaigua, for a day or two, and once at Eochester, for 
three or four days. 

In the latter j^art of February I wrote an article on " Edu- 
cational Progress," the main object of which was to draw 
23ublic attention to a series of books, constituting a course of 
instruction in mathematics, of which my nephew, Prof. Charles 
Davies, was the author, and especially to his then late work 
on the " Logic and Utility of Mathematics." The article was 
first published in the Geneva Courier, but subsequently was 
noticed and republished in several leading public journals. It 
is No. 37 of " Papers Written by me." 

tliat in whatever station placed, they have all aj^proved themselves able, 
upright, and efficient. We may, however, be pardoned, chiefly, perhaps, 
ou personal considerations, for expressing our sincere gratification at the 
unanimous nomination of the Hon. Samuel A. Foot, whose matured and 
accurate judgment, profound legal learning, and varied and extensive 
general information, amply qualify him for the discharge of the responsi- 
ble duties of Judge of the Court of Appeals. The responsibilities of 
that office could scarce be thrown upon shoulders better qualified to 
sustain them, — Ontario Whig, Wednesday, September 24th, 1851. 



AND COLLATERAL REMINISCENCES. 279 

After entering upon my judicial duties, they received my 
first and best attention. The court was in session in the city 
of New York when I was appointed, and remained in session 
only five days after I commenced my duties. Individual and 
professional business detained me in the city several days after 
the court adjourned, and I did not reach home till near the 
end of April. Several days were required to put in order the 
official library, which was attached to the office and had been 
sent to me from Albany, and I did not commence the examina- 
tion and decision of cases argued and submitted to the court 
after I became a member of it till Monday, the 5tli of May. 
On that day I determined to devote three of the best hours of 
each day, viz., from 9 o'clock a.m. to 12 m., to my judicial 
duties, and if more time was required, a portion of the after- 
noon. The result showed that these three hours were suffi- 
cient, as only occasionally during the year was any portion of 
the afternoon required. The court usually heard and received 
on submission at each term, from fifty to sixty causes for 
examination and decision during the vacation. These were 
distributed among the eight judges, so that two judges were 
specially assigned to examine and write opinions on each case, 
to be read at the next term when in consultation for judgment. 
I did not attemjit to make any change in this mode of examin- 
ing and deciding causes, but determined that it was my duty 
to examine fully every case, whether assigned to me or not, 
and put on paper the reasons for my decision. Consequently, 
whenever a case came up in consultation for consideration and 
judgment, I was prepared to give my opinion and my reasons 
for it, and often my opinions were adopted by the court in 
cases not assigned to me. There were two reasons for my be- 
ing able thus fully to examine, and write in each case — one 
was, that I paid close attention to the arguments of counsel, 
and gave my mind entirely to each case when under argument 
— took notes of all positions which appeared clear, and of those 
which required further examination, so that when I took up a 
case in my library to examine and decide, the only labor re- 
quired was to examine the positions noted for further exam- 



280 AUTOBIOGRAPHY 

ination — the other was, that my professional practice had been 
so long and so diversified, that only one case occurred while I 
was a member of the court, which depended on principles of 
law, that had not been fully and carefully examined by me 
while at the bar. Every case but that one turned on points 
of law, with which I was not only acquainted but had applied 
and tested in practice. 

Although absent from home several days near the middle 
of May, as will be hereafter mentioned, I completed the 
examination and wrote opinions in all the cases before me for 
decision, on the 22d of May. No further judicial duty re- 
quired my attention till the 17th of June, when another term 
of the court commenced at Ehuira. That term continued till 
the 11th of July. I attended daily. The court held but one 
session on Saturday. This enabled me to come home in the 
afternoon and pass the Sabbath with my family ; but I was 
always back in time on Monday morning to be present at the 
opening of the court. 

I examined, decided, and wrote opinions in all the cases 
argued and submitted at that term of the court, and finished 
the last one on the 31st of August. This gave me the whole 
month of September for general objects, as the next term of 
the court did not commence till the 30th day of that month. 
On that day it commenced at Syracuse, and continued till the 
23d of October. I attended daily, but as the court held no 
session on Saturday afternoon, I came home and spent all my 
Sabbaths, except one, with my family. I examined, decided, 
and wrote opinions in all the cases argued and submitted at 
this term, and finished the last one on the 13th of December. 
This completed my duties as judge, except attending a term 
of the court held at Albany the three last days of the year, to 
decide the causes remaining before the court for judgment. 

My opinions, which the reporter thought proper to publisli, 
will be found in Selden's Keports. None of them are judicial 
essays, but all are brief and on tlie points upon which the 
cases turned. 

Beside discharging my judicial duties this year, I heard 



AND COLLATERAL REMINISCENCES. 281 

and decided several cases Avliich had been referred to me as 
sole referee before my appointment as Judge. 

My time, after my appointment, not required in the dis- 
charge of my judicial duties, and in hearing causes as a 
referee, was divided between general reading, domestic mat- 
ters, and social duties. 

I took considerable exercise this year on horseback, and so 
did your mother. We often rode together. I also frequently 
rode with the children. The year also afforded me some re- 
creation. Near the middle of May the Erie railway was com- 
pleted and opened to Dunkirk. A party of gentlemen were 
invited to join the directors and officers of the company in an 
excursion on the road, from the city of New York to Dunkirk. 
Among tliem Avere the President of the United States, the 
members of his cabinet, and a number of other distinguished 
gentlemen. I was invited to be one of the party, and joined 
it at Elmira — went to Dunkirk, partook of the entertainment 
there — was assigned to respond to one of the toasts — sjient a 
night at Dunkirk at a party given to the invited guests, and 
was invited to accompany the President, the members of his 
cabinet, and other gentlemen, to Buffalo, but declined, con- 
sidering it my duty to return home and resume my judicial 
duties, which I did the next day. 

Your mother not being well, and needing a change of air 
and duties, she and I left home on the 23d of May for a visit 
to our relatives in the city and New Jersey. We took Jane, 
one of the twins, with us. We had a safe and pleasant jour- 
ney to the city, and lodged with my nephew and niece, Mr. 
and Mrs. Thomas A. Davies, in our former residence. After 
spending a few days in the city with our relatives on both 
sides, we went to Springfield, N. J., and made your aunt Eliza 
a visit of several days ; then to Weston, N. J., to visit Mr. 
and Mrs. J. R. Cornell, where we passed a week, and then 
returned to the city. After staying there a few days, enjoying 
the society of our relatives and friends, we came home, where 
we arrived on the 13th of June. Your mother's health was 



282 AUTOBIOGRAPHY 

greatly improved by the journey and visit, and soon after our 
return she regained entirely her usual strength and health. 

I took one more short excursion this year. When John 
went to college in the latter part of Sej^tember, I went with 
him to Williamstown — spent a couj)le of days there assisting 
him to arrange and furnish his room in college, and visiting 
the President and other members of the faculty. On my way 
to Williamstown and back I stopped a day in Albany with my 
nephew, James Edwards, and his family. 

Our children remained w^ith us this year in Geneva, attend- 
ing schools there, except John, who was in Williams College, 
and Samuel C, who, early in November, entered a classical 
school at South Williamstown, the same one where John had 
finished his preparation for entering college. 

By becoming an elder in the church and member of the 
consistory, new duties devolved upon me in connection with 
the spiritual and secular state of the church. The church 
was in debt and. its finances in great disorder. I proposed 
measures in the consistory for introducing system and order in 
the future management of the temporal afiairs of the church, 
which were adopted, and from that time to the present (1870) 
been advantageously followed. I consented to become chair- 
man of the finance committee, and gave the requisite attention 
to the duties of the position. My eldership made it my duty 
to take a part at the prayer meetings. I often led in prayer, 
and in the absence of the pastor conducted the meetings. In 
August I resumed instruction in the Sabbath-school, but was 
so often from home that I accomplished but little in that line 
of duty. 

In the latter part of the month of April this year, our 
daughter Mary became deeply anxious respecting the salvation 
of her soul. My entry in my diary of Monday, the 28th of 
that month, is as follows : 

" Heard two excellent sermons yesterday from a Scotch clergy- 
man, whose name I have not heard ; and the one in the afternoon 
appears to have been blessed to my second daughter Mary. She 
came home from church deeply affected. Held a most interesting 



AND COLLATERAL REMINISCENCES. 283 

conversation with her mother. They prayed together, and Mary 
most delightfully. I had a conversation with her afterwards, and 
prayed with her. God, if consistent with thy holy will, carry 
forward and perfect the work of grace which appears to have been 
begun in her heart. I ask it for Christ's sake." * 

Early in May, our eldest daughter, Euphemia, was deeply im- 
pressed by religious truths. My diurnal entry of Monday, 5th of 
May, is in these words: "Heard two agreeable and impressive 
sermons from the Eev. Henry V. Voorhees,f a young clergyman, 
recommended to us by my friend, Mr. Frelinghuysen. My daugh- 
ter, Euphemia, was deeply impressed with the afternoon services, 
and I hope is touched by the Spirit of her Heavenly Father." 

It now remains to give a few extracts from my diary to show 
my own spiritu.al condition during the year : 

Monday, January 6th. — " There Avas communion in our church 
yesterday. I greatly enjoyed the services. my God, forgive my 
sins, help me to live near to thee, and fill me with thy Spirit." 

Tuesday, January 21st. After deciding to accept an eldership 
in our church. — "In the acceptance of this new office in the 
church I trust my motives are right, and, gracious God, grant me 
thy blessing, and wisdom from above." 

Monday, February 17th. — " In the forenoon of yesterday I was 
ordained as an elder, and took upon me the obligations and duties 
of that office, and with God's help intend to j)erform them. This 
is an office which was tendered to me while a member of the Wall 
Street church in New York, and also during the two first years I 
was in this village, but declined, and now I feel as if I was incom- 
petent to discharge its duties, and have accepted it because the 
exigencies of our church seem to require it of me. Gracious God, 
assist me in the discharge of its duties, and forgive, for Christ's 
sake, what thou seest amiss in me." 

Sunday, February 23d. After mentioning the birth of the twins, 
and that they were fully and well formed. — " God, I thank thee 
for thy merciful dealings with my dear companion, and for these 

* This prayer was answered, and this dear daughter is now (February 
2d, 1870) to all human appearance, near entering upon the reward of a 
well-spent Christian life. 

t He afterwards became our pastor. 



284 AUTOBIOGRAPHY 

little immortals whom thou hast given us — spare their lives, I en- 
treat thee, and enable us to bring them up in thy fear and to thy 
glory." 

Thursday, April 10th. After hearing of my appointment as 
Judge. — " God, how full of mercy and loving-kindnesses are all 
thy dealings with me. Oh give me health, and wisdom from above, 
that I may be able to fill rightly this extended sphere of useful- 
ness — be a righteous Judge, and a blessing to the people of this 
state. I ask it for Christ's sake." 

Thursday, May 2 2d. The day before Mrs. Foot and I left 
home for our visit to the city and New Jersey. — " Gracious God, 
be merciful to us, keep us and ours in safety during our absence, 
and permit us to return in health. We ask it for Christ's sake." 

Friday, J vine 13th. After our return from our visit, and an 
account of it. — "And now, gracious and merciful God, I desire to 
record my deep and hearty thanks for thy kind dealings with me 
and mine. Continue, I pray thee, thy kind care over us — renew 
us in thine image, and prepare us for death and thy presence. I 
ask it for my dear Eedeemer's sake." 

Saturday, September 13th. The day after I was nominated for 
election as Judge of the Court of Appeals. — " I thank thee, God, 
for this renewed instance of thy favor. Thou art the Giver of 
every good and perfect gift. All I have in this life, or hope for in 
the life to come, is bestowed by thee. Oh may I be duly grateful, 
and live more in accordance with thy holy will ; " and a few days 
afterwards when reflecting on this event, " I hope, with God's assis- 
tance, not to allow the honors of this world, nor the praises of men, 
to have any other effect on me than to humble me ; lead me to a 
closer watch over myself, and more earnest efforts to use the influ- 
ence I may possess for the good of my fellow-men." 

November 4th, Tuesday. The day Samuel C. left home for 
school. — "Oh that a gracious God will watch over, preserve, and 
lead him in the paths of righteousness." 

November 11th, Tuesday. — " By the news of last evening, it 
seems probable that I am not elected to the oflBce I now hold by 
the appointment of the Governor. If this be so, it is the will of 
my Heavenly Father, and I pray for a submissive and obedient 
spirit, that I may receive the disappointment with composure, and 
profit by it." 



AND COLLATERAL REMINISCENCES. 285 

November 27th, Tliursday. Thanksgiving day. After an 
enumeration of the many temporal and spiritual blessings enjoyed 
during the year. — " All these and many more favors are the pro- 
duct of thy bounty, Heavenly Father. Oh, what can I render to 
thee for thy great goodness ! Only the poor thanks of a sinful 
heart." 

December 17th, Wednesday. — "This is my birthday. I am 
sixty-one years of age. This is rightly regarded as old age, and 
yet how little good I appear to have accomplished. Had my duties 
as a Judge been continued, my hope was to render some service to 
my fellow-men before life closed ; ■ but a gracious God and kind 
Father has ordered otherwise, and it is my duty to be satisfied. 
He knows best what is good for me. I thank thee, God, for 
sparing my life so long, for continuing to me health and the use of 
all my faculties. If consistent with thy holy will still spare me, 
and permit me to be an instrument in thy hands to train this 
numerous family of children thou hast given me in thy fear and to 
thy glory. Fill me also with thy Spirit, that I may grow in 
heavenly graces, and be prepared for thy presence when thou shalt 
call me to it. Pardon my numerous sins. I ask it for Christ's 
sake." 

1852. 

This year formed an era in my life. With it I took a 
fresh start in my profession. After closing my judicial duties 
at Albany, I remained a few days to close some matters of 
business connected with my judgeship, and arrange for the 
transfer of my official library to my successor, and then went 
to New York. 

After full consideration, I determined to resume my prac- 
tice as a counsellor-at-law, and entered into an arrangement 
with William E. Curtis, Esq., by which we took a suite of 
offices together, and formed a qualified co-partnership. Mr. 
Curtis and I were natives of the same town in Connecticut, 
and he was also my nephew by marriage, Mrs. Curtis being a 
granddaughter of my sister Davies. 

The resumption of my profession and arrangement with 



286 AUTOBIOGRAPHY 

Mr. Curtis, proved to be fortunate and hapj^y, as the sequel 
will show. The only drawback was the necessity laid upon 
me of being absent frequently from home, and often for several 
weeks at a time. That was the case this year. 

A few days were required to complete my arrangement 
with Mr. Curtis. I then returned to Geneva, but left again 
for New York on the 2d of February, and was detained there 
till the 14th of that month, when I again returned to Geneva. 
The 4th and 5th of March were occupied in trying a cause at 
Lodi, and the 11th and 12th of that month in the trial of an 
important cause at Batavia. I left home on the 21st of 
March for Albany, to attend the Court of Appeals, and was en- 
gaged there till the 17th of April. The 19th, 20th, and 21st 
days of that month were spent at Penn Yan in professional 
business. From the 3d to the 22d of May I was engaged in 
the same way in New York. On the 4th of June I went to 
Albany to attend a term of the Court of Appeals, and was 
occupied there till the 9th of July, with the exception of three 
days spent in coming home to pass a Sabbath with my family. 
Professional engagements required my presence at Albany and 
New York from the 14th of September to the 3d of October, 
and again at New York from the 2d to the 7th of November. 
The 9th day of that month was passed in professional busi- 
ness at Canandaigua, and the 12th and 13th days of Decem- 
ber in the same way at Buffalo. My last absence for tlie year 
on professional business was from the 6th to the 31st of 
December at New York. 

While attending the Court of Appeals at Albany in April, 
I was retained by the Governor of this state to argue one of 
the most important causes which have arisen in this state. 
My retainer was in pursuance of a special act of the Legisla- 
ture, passed the same day for that purpose.* My argument 

* Copy of the Governor's note retaining me : 

State op New York, Executive Department. 

Albany, April 12th, 1852. 

Sir : — In pursuance of an act this day passed by the Legislature, I have 
decided to employ you to appear and act as counsel for the state, in a 



AND COLLATERAL REMINISCENCES. 287 

was reported in full and published in the Albany Evening 
Journal. As the report was submitted to me, and revised and 
corrected by me before publication, it may be regarded as 
written by me, and is No. 38 of "Papers Written by 
me." 

While attending the June term of the same court held at 
Albany, the death of Henry Clay of Kentucky occurred. 
The members of the bar of this state in attendance upon the 
court, deemed it proper to notice the event, and requested me 
to address the court on the subject, and move an adjournment. 
I wrote my address and delivered it before the court and bar 
on the 1st of July. Chief Justice Ruggles made a brief re- 
sponse. My address and the response of the Chief Justice 
were published in all the leading journals of the day. It is 
No. 39 of " Papers Written by me." 

The greater part of the time spent at Greneva this year was 
occupied in professional reading, studies, and investigations. 
My preparations for arguments and professional duties away 
from home were made in my library at home. Domestic mat- 
ters and social duties took up another considerable portion of 
my time. A few special matters this year in Geneva required 
and received my attention, and consumed small portions of 
my time. 

The finances of our church required time and attention. 
There were frequent meetings during the year of the finance 
committee, of which I continued to be chairman. 

The common schools of the village required reorganization 
this year, and at the request of a number of the prominent 
citizens of the village, I attended the meetings held for that 
purpose, was appointed chairman of a committee to consider 

certain proceeding now pending in the Court of Ajjpeals, on a writ of 
error brought by the Auditor of the Canal Department, involving the 
constitutionality of the act to jirovide for the comijletion of the Erie 
Canal enlargement and the Genesee Valley and Black River Canals. 
With great regard, your obedient servant, 

Washington Hunt. 
Samtel A. Foot, Esq. 



288 AUTOBIOGRAPHY 

and report measures for adoption. I drew the report of the 
committee and some resolutions, which the committee recom- 
mended for adoption, attended the meeting to which the 
report was made, and advocated the resolutions. They were 
adopted. All this took considerable time. 

On the 21st of October I delivered an address before the 
" Agricultural Society of the Town of Seneca." I prepared it 
with care, wrote it out in full, and although not long, the 
preparation of it took time. It was published at the request 
and expense of the Society, and is No. 40 of " Papers Written 
by me." 

John continued at college this year. Samuel C. remained 
at school in South Williamstown till the spring vacation. 
He then came home, wished to go to sea, and claimed a fulfill- 
ment of my promise made to him when he resigned his position 
as midshipman, to aid him in obtaining a position in the 
merchant service when older and more advanced in his educa- 
tion. He had attended faithfully to his studies when at 
school, and I acceded to the justness of his claim. He went 
to New York with me in May. A flivorable position was 
found for him on a first-class ship bound to Hong Kong, 
China. He sailed on the 26th of May, Our other children 
old enough to attend school remained at school during the 
year at Geneva. 

Our daughter Euphemia having united with the church on 
Friday previous, partook of the communion with her parents 
on Sunday the 6th of June. 

Our youngest and last child, Catherine, was born on the 
14th of October, and baptized on the 3d of December. 

I allowed myself only one short excursion solely for recre- 
ation and visiting. While at Albany attending the June term 
of the Court of Appeals, having on one occasion no case likely 
to be reached in a few days, I availed of the opportunity to 
visit with my nephew, James Edwards, our relatives in Sara- 
toga County. We made a visit to my niece, Mrs. Booth, her 
husband, and children at Ballston Spa, and to my nephews, 
John Edwards and Edward Edwards, and their families in 



AND COLLATERAL REMINISCENCES. 289 

Corinth. We were absent from Albany several days, and had 
a charming visit. When in New York and Albany on profes- 
sional business I visited relatives and friends a good deal when 
not occupied in court. Occasionally when I went to New 
York I took one of the older children with me, to visit our 
relatives there and in New Jersey. This year Euphemia went 
twice and John once. 

Notwithstanding my frequent absences from home, our 
family devotions, morning and evening, were not neglected. 
Your mother conducted them when in health, and when not 
able to be present, Euphemia supplied her place, and dis- 
charged sweetly that duty. 

My frequent absences prevented me from taking charge of 
a class in our Sabbath-school, yet I occasionally attended, and 
now and then addressed the children. 

My trust in God, and my gratitude for His merciful deal- 
ings with me and mine, rather increased than diminished this 
year. Some extracts from my diary will show this, also the 
state of my religious feelings : 

Saturday, January 10th. On my return from New York when 
I had made an arrangement for resuming my profession. — " I look 
to thee, God, for a blessing on this new field of duty — grant it 
to me if consistent with thy holy Avill. I ask it for Christ's 
sake." 

Monday, February 23d. The birthday of the twins. — "Gra- 
cious God, I thank thee for sparing them. Wilt thou continue 
thy care over them, and enable us (the parents) to bring them up 
in thy fear and to thy glory. I ask it for Christ's sake." 

Sunday, April 18th. After my return from Albany and an 
account of my retainer and argument in the great case already 
mentioned. — " And now, God, I desire to record my thanks for 
thy merciful dealings with me and mine." 

Monday, May 3d. The day I left home with Samuel C. for 
New York to attend to professional business, and find him a place 
on board a ship. — "Gracious God, I ask thy blessing on the duties 
I am about to resume, and on my son and his career which he is 
about to commence. Protect him, I beseech thee, amid the perils' 
of the ocean, fit him for the duties of this life, and prepare him for 
19 



290 AUTOBIOGRAPHY 

death. Guide me also, Heavenly Father, in all my ways — forgive 
me my sins and accept of me, for Christ's sake." 

Monday, May 24th. — "Last evening my eldest daughter, 
Euphemia, expressed to her mother and me a wish to join the 
church. We readily acceded to it. God, I thank thee for the 
effectual operation of the Holy Spirit on the heart of my dear child, 
and bringing her into thy visible church on earth." 

Saturday, June 5th. — "Yesterday afternoon my daughter 
Euphemia united with the church, having been received by the 
consistory on confession. Gracious God, accept my profound 
thanks for this great and ineffable manifestation of thy love and 
mercy." 

Monday, June 7th. — "Spent my Sabbath yesterday as usual. 
The Lord's supper was administered in the forenoon. The services 
were delightful to me. Our daughter Euphemia was one of us. 
It was a most joyful occasion to me. Gracious God, I thank thee 
for thy merciful dealings with me and mine." 

Thursday, September 2d. Your mother had been very ill for 
some days with a fever, but appeared to be considerably better to- 
day. — " To thee, God, do I render sincere thanks for the abate- 
ment of the sickness of my dear companion. Spare her life, I 
entreat thee, for Christ's sake." 

Thursday, October 14th. The day our youngest child was 
born — a healthy and well-formed daughter — and Mrs. Foot as well 
as usual on such occasions. — " God, I thank thee for answering 
my oft-repeated and fervent prayer, to carry my dear companion 
safely through child-birth." 

Thursday, November 25th. Thanksgiving day. — "I have 
special cause to be thankful to the Giver of every good and perfect 
gift. He has crowned the year with goodness to me and mine. 
The only occurrence, which has interrupted in the least the full 
and overflowing current of our happiness and prosperity, was Mrs. 
Foot's illness, and from that she has entirely recovered. To thee, 
O God, do I return sincere and deep thanks for all thy mercies 
during the past year." 



AND COLLATERAL REMINISCENCES. 291 



1853. 

My profession this year required far the largest portion of 
my time. It took me not only frequently from home, but kept 
me away, in the aggregate, a considerable part of the year, 
and obliged me while at Geneva, to appropriate a large share 
of my time to professional reading, studies, and investigations. 
I heard and decided this year as sole referee quite a number of 
actions, and more than in any previous year. Most of them 
were cases in equity arising in this judicial district. My ab- 
sences from home on professional business were mainly at 
Albany, attending the terms of the Court of Appeals, and 
arguing causes in that court, and at the city of New York, try- 
ing and arguing causes there, and doing other professional 
business. At Geneva, beside professional duties, a considera- 
ble portion of my time was occupied in domestic matters, 
general reading, social duties, instructing my children and 
joining them with their mother in amusements and recreation. 
We had a good many visitors this year and more than usual. 
Attention to them consumed time. The common schools of 
the village, and the affairs, spiritual and temporal, of our 
church, required and received attention from me. This also 
consumed time. 

In January a project was started for compelling the village, 
by a law to be passed by the Legislature, to subscribe for the 
stock of a proposed railroad. Most of the owners of property 
in the village, and myself among them, were opposed to it. I 
drew a memorial to the Legislature in opposition to the pro- 
posed law. It is No. 41 of " Papers Written by me." I pre- 
serve it, as a specimen of such papers, of Avhich I drew many 
in the course of my active life. But the subject outside of 
my profession, which most demanded time and attention, was 
an address delivered before the " New York Alpha of the Phi 
Beta Kappa Society " of Union College, Schenectady, my 
Alma Mater, on the afternoon of the 26th of July, the day 
before commencement. It was delivered in the Presbyterian 



292 AUTOBIOGRAPHY 

cliurch, before a large audience — was listened to with atten- 
tion, and favorably noticed in the New York Daily Times of 
the 29th of July, in an article headed " Commencement week, 
Union College, Schenectady." * 

This address was written with care, and is No. 42 of 
" Papers Written by me." The Society thanked me for it, 
and requested a copy for publication, but this I declined on 
the advice of your mother, she suggesting that I might wish 
to repeat it on some other occasion; and so I did, on two sub- 
sequent occasions. 

Having been invited in the month of October to deliver the 
opening lecture for the season before " The Fishkill Landing 
Lyceum," I accepted the invitation, and on the evening of the 
1st of November, in the Presbyterian church, before a large 
and attentive audience, repeated this address, with some slight 
modifications adapting it to the locality and occasion. It was 
well received, and a full and favorable notice of it published 
in " The Standard," the public journal of that place.f I 

* The Phi Beta Kappa Society, after their annual meeting on Tues- 
day afternoon, proceeded to the church in which all the exercises were 
held, to hear their orator and poet. The former, Hon. Samuel A. Foot, 
LL.D., Judge of the Court of Appeals, addressed the Society ujion " The 
Duties of our Educated Citizens, in connection with the rapid onward 
movement of the Nation." The oration commenced with a comprehen- 
sive and striking picture of the progress of our country during the last 
half century, in territory, population, wealth, power, and development of 
resources. This occupied the first half of the address, and the remainder 
was devoted to an earnest and high-toned investigation and enforcement 
of the resulting duties of educated men and women ; and chief among 
these, the attainment and due appreciation of the responsibility resting 
on them, the proper direction of home influence, and the especial duty of 
teachers. The close was a notice of the various long and wide avenues 
to usefulness and distinction, which the certain and prospective greatness 
of our country invites young men to enter, and a caution to mingle meek- 
ness and humility with their well-grounded exultation. — If. T. Times. 

t The first lecture before the Fishkill Landing Lyceum was delivered 
on Tuesday evening last, at the Presbyterian church, by Hon. Samuel A. 
Foot, of Geneva, on " The Rights and Duties of an American Citizen." 
The attendance was large, and the audience, comprising the most 



AND COLLATERAL REMINISCENCES. 293 

again repeated it before " The Geneva Literary Association," 
which met at my house on the evening of the 3d of January, 

resj)ectable and intelligent portion of our community, listened through- 
out with most profound attention, evidently greatly pleased with the 
whole tenor of the very able lecture, as well as the pleasing and effective 
manner in which it was delivered. The lecturer commenced with 
noticing the importance of education, and proceeded to show the duties 
that devolved upon those who had received the advantages of it. He 
then proceeded, in a brief, clear, and succinct manner, to trace out the 
progress of our great Republic since the commencement of the present 
century, its various acquisitions of territory, and the vast and important 
improvements in the facilities of travel. A variety of highly interesting 
statistics were introduced, comparing our jDresent position with what it 
was only fifty years ago, and then reasoning from analogy went on to 
show what it might be expected to become at the close of the present, or 
the commencement of another century. Yet while he alluded in a very 
happy manner to the spread of the domain over which the proud flag of 
our country so i^roudly waved, he deprecated the unhallowed desire of 
acquiring territory by unfair or dishonorable means. 

While he found much to admire, and of which as a nation we might 
well feel proud, he deemed it unbecoming to estimate too highly the 
advancement that had been made, more particularly as within the period 
of some twenty years there were certain evidences of a lack of that stern 
purity of princiiJle once so prevalent in our midst, and which were to l^e 
deplored. Prominent among these was the withdrawal of the Sacred 
Scriptures from our schools of learning, where formerly these had been 
daily and almost hourly introduced, as part of the coui'se of instruction, 
so admirably calculated to imbue the youthful mind with princiiDles of 
piety and virtue, so essential to their hapj)ines8 and welfare. It was 
upon the basis of the Bible that the laws of our country were established, 
and the student who devoted his time and his attention thoroughly to 
the acquisition of Common Law, as it were, unconsciously made himself 
familiar with the great principles of Divine Law, to which he might have 
paid a much less degree of attention. 

Many of the errors of life were depicted, such as fondness for a vain 
display, and a disposition to lay too great stress upon the joomp and cir- 
cumstance of life, seeking and upholding ostentation, rather than endeav- 
oring to cultivate the true and projier qualities of the heart, and 
becoming familiar with the vast resijonsibilities that rest upon each and 
every individual. 

The influence and power of woman was dwelt upon with much ear- 



294 AUTOBIOGRAPHY 

1860, It elicited many complimentary remarks. This Asso- 
ciation was composed of prominent gentlemen of education of 
this village, and met every fortnight during the winter at the 
houses of the members. At each meeting, some member, pre- 
viously designated, read an original lecture or address. 

My Alma Mater noticed me kindly at this commencement, 

nestness, and in a very forcible and truthful manner. Those of parents 
and teachers, to whom were committed so sacred and important a trust, 
in whose hands were the destinies of one hundred millions of the future 
sovereigns of our country, and as each and every individual was ac- 
counted to be exerting an influence in some measure, for its weal or woe, 
how important such a trust ! The influences of home and the family 
circle — the associations of its locality, its construction and adornments, 
the fields and lawns, and flowers about it, all had their genial tendencies, 
and should by no means be disregarded. Here the sjieaker quoted from 
the poets Montgomery and Burns, very appropriately, the beauties and 
endearments of a home, and with fine eflfect. The charm of home was 
shown to be entirely woman's ; and while upon this theme, the attempts 
that have been made to disturb the sacredness of the law of marriage, by 
regarding it as mere business contract, or copartnership, received a 
merited rebuke. The folly of trifling and frivolous amusements, when 
that which tends to enlarge and expand the mind and heart might be 
introduced, was nobly dwelt upon ; and the general importance of educa- 
tion was most clearly defined, and earnestly impressed. The example of 
the pious Fenelon was cited, and liis success in the refomiation of his 
youthful royal charge shown, to encourage others in the work. Our 
youth are to become the sovereigns and rulers of our land, and are to 
frame its laws, which are but expressions of public sentiment, therefore 
how important that such sentiment should have a proper bias. Although 
a common household word, the term Education was not properly realized 
in all its proper bearing, and to this he enjoined attention. 

Seldom have we listened with so great pleasure to a public lecture 
on any occasion, and we rejoice that the opening lecture before our 
Lyceum has been one of such great acceptance. "We may now hope to 
see it go on prosperously, and as was very pi-operly remarked by the 
President, Prof. Davies, it may be regarded as the commencement of a 
new era in our community, affording pleasures and privileges beyond 
anything ever before enjoyed. A vote of thanks was unanimously 
voted to the able lecturer, and the next lecture was announced to be in 
about two weeks, of which due notice will be given. — Fishhill Laiuling 
Standard. 



AND COLLATERAL REMINISCENCES. 295 

by conferring on me the degree of Doctor of Laws. This was 
the second time I had been so noticed. The first one was by 
Geneva, now Hobart College, and already mentioned. 

My exercise this year consisted mainly in working in my 
garden, and assisting occasionally on the farm. Your mother 
and I frequently rode together on horseback, also in a carriage, 
and then generally took some of the children with us. I often 
went with some of the children to the lake to fish. 

John remained at college this year. Samuel C. was still 
abroad on the ocean. The other children attended schools in 
the village. Your mother's health was not as good as we 
could wish. She and I left home on the 24th of May to visit 
our relatives in the city of New York and state of New Jersey, 
but mainly to relieve her for awhile from constant duties at 
home, and give her an opportunity for recreation and the im- 
provement of her health. We remained at the East with our 
relatives till the 16th of June. We had a charming visit 
with them and our friends in the city, and at Orange, Spring- 
field, and Weston in New Jersey. The particulars of this 
visit will be found in my diary. Your mother's health was 
greatly improved, and almost, if not quite, restored, by this 
relief from domestic care and duty and the enjoyment of the 
society of our relatives and friends. 

I went to Schenectady in July to deliver my address, and 
spent four days there agreeably. My daughters, Euphemia 
and Mary, were with me. They made a visit to the daughters 
of a friend, at whose house they staid, while I was a guest of 
friends at the college. When I went to Fishkill Landing, the 
last of October, to deliver my address, your mother accom- 
panied me. We spent a few days there pleasantly, with my 
nephew and niece, Mr. and Mrs. Prof. Davies. We went from 
there to the city and passed a few days before returning 
home. 

My religious duties were discharged this year much as they 
had been in previous years, and my progress, if any, in holi- 
ness and purity of life about the same. A few extracts from, 
my diary will show this : 



296 AUTOBIOGRAPHY 

Saturday, January 1st. — " Blessed Father, again and for another 
year I commit myself and mine to thy holy keeping — watch over 
us, let no evil befall us, and do more and better for us than I can 
think or ask. Grant these petitions for my dear Redeemer's 
sake." 

Saturday, April 30th. This day closing my fiscal year, I footed 
my account of receipts and expenses, and say, " A kind Provi- 
dence has abundantly supplied all my wants, and I record my 
deep sense of His goodness." 

Tuesday, May 24th. The day Mrs. Foot and I left home for 
our visit to our relatives at the East. — " Gracious God, I commit 
myself, my dear companion, and our children to thy care and 
keeping on our journey and during our absence. Watch over us, 
I entreat thee, and permit me and my companion to return to our 
home and family in peace and safety." 

Thursday, June 16th. The day Mrs. Foot and I returned from 
our visit to the East. — " We found our family quite well. To thee, 
God, I am indebted for all these blessings, and to thee I return 
thanks for them." 

Friday, July 29th. The day I returned ft-om Schenectady, 
and after an account of the occurrences which transpired while I 
was there. — " Gracious God, thou Giver of every good and perfect 
gift, I thank thee for all these temporal blessings. May they be 
the means of extending my usefulness, and enable me to promote 
the good of my fellow-men." 

Monday, September 12th. The day Alfred left home to enter 
Dr. Reed's school.—" God, follow him with thy blessing." 

Thursday, November 24th. Thanksgiving day. — "God has 
crowned the year with prosperity and fullness to me and mine. 
All the wants of my family have been fully supplied, and my 
property considerably increased. Gracious God, I return thee 
sincere and hearty thanks for thy goodness and mercy to me and 
mine during the year past." 



AND COLLATERAL REMINISCENCES. 297 



18S4. 

My time this year was occupied mainly as in the year 
before. There were, however, two considerable variations — 
First. My professional engagements did not take me so often, 
nor so long from home, nor require so much of my time at 
home. Second. More time was devoted to the instruction of 
my children, especially to their religious instruction. 

Next to my profession and the reading and study which it 
required, domestic matters, social duties, and the instniction 
of my children occupied my time at Geneva. While these 
were the leading objects of attention, other duties received 
their share of time and attention. Among them were general 
reading, the affairs of the church, and joining my children in 
their amusements and exercises. Nor should I omit to men- 
tion, that this summer I made arrangements for a dancing- 
school, to be kept during July, August, and September in our 
play-house, for the benefit of our older children. We invited 
those of our neighbors, whose children associated with us, to 
join in the school, which they did in sufficient number to make 
two quadrilles. The object of this school was not so much to 
teach our children how to dance as to improve their carriage 
and manners. Mrs. Foot and I gave considerable attention to 
it, and were generally present during the hours of instruction. 

The common schools of the village having been satisfac- 
torily organized, required no more of my time, and I received 
in January a formal resolution of thanks from the trustees, for 
the part I had taken in the matter, 

I attended but one term of the Court of Appeals this year 
at Albany. The rest of my absences from home on profes- 
sional business were at New York, and at courts in the western 
part of the state, at which I had more engagements than 
ever before. References also this year took up considerable 
time, I heard several cases in adjoining counties as well 
as in Geneva. 



298 AUTOBIOGRAPHY 

My views on the subject of slavery underwent a great 
change this year, as already mentioned in my account of the 
year 1831, and for the reasons there stated. Early in March 
this year, I wrote Mr, Weed, the leading editor of the Albany 
Evening Journal, in regard to future action on this subject.* 

My son Samuel C. returned from his long voyage at sea of 
nearly two years early in March. His ship came into port at 
Baltimore, Md. I went there to meet him, and came home 
with him. He was well and happy — had discharged his duties 
satisfactorily during the whole time, and received the unquali- 
fied commendation of the officers of the ship. 

Early in August I received and accepted an invitation from 
an association oif prominent gentlemen of the town of Water- 
town, Conn, (my native town), to deliver an address on the 
dedication of a new cemetery, which they had established in 



* Gbneva, March 13th, 1854. 

Thtjklow Weed, Esq. 

Dear Sir : — Allow me to suggest for your consideration, two princi- 
ples or fundamental propositions as a basis for future action : 

First. The repeal of all laws repealable aflfecting slavery, which have 
been passed on the footing of compromise. 

Second. The exertion of the constitutional powers of the General 
Government in restraint and limitation of slavery, and its aristocratic 
appurtenant of representation founded on property. 

The first proposition follows from the breach of faith which the late 
vote of Senators from the slave states accomplished, and the second is 
wise and just, because necessary to put an end to agitation on slavery, 
as it never will cease till it is settled that slavery can cover no more terri- 
tory, nor obtain any further admission into the Union ; and because the 
framers of the Constitution did not intend, and the true spirit of that 
instrument does not allow, representation founded on slave property, 
and the inequality in that respect between the free and slave states, to 
extend beyond the slave states which formed a part of the old Thirteen. 

Allow me one other suggestion : — A series of numbers in your paper, 
brief and to the point, no one exceeding half a column, showing the in- 
justice to the free states of this unequal representation, would go far to 
put the public mind right in the approaching contest. 
Respectfully and truly yours, 

Sam'l a. Foot, 



AND COLLATERAL REMINISCENCES. 299 

tliat town. This address I prepared with care as opportunity 
offered during the month of August, and at the close of that 
month went to Watertown, and on the 4th of September, the 
day being beautiful, delivered it on the ground in the presence 
of a large assembly. It was well received, far better than I 
expected. I received the thanks of the association. They 
requested a copy of the address for publication. It was given, 
published, and extensively circulated. It is No. 43 of 
" Papers Written by me." Your mother, who was with me, 
said I delivered it with deep feeling. The occasion was an 
interesting one to me, for the reasons which appear in the 
address. 

In the month of October this year Mrs. Foot and I made 
a visit to my sister, Mrs. York, and other relatives at Ogdens- 
burgh — mainly, however, to view the grave of my mother, and 
the tombstones placed over it at my request in the new ceme- 
tery near the village. 

No material change occurred this year in the education of 
our children. John remained at Williams College. Samuel 
C. resumed his studies in the college of this village after his 
return from sea. The other children continued at school in 
this village. 

This year forms somewhat of an era in my religious read- 
ing. In my diary of the 10th of January I find this entry : 
" Having some few years since read what is commonly called 
' Scott's Bible,' that is, the Holy Scriptures with the Eev. 
Thomas Scott's Notes and Practical Observations, and having 
lately read the Bible through in course, and finished the last 
chapter yesterday morning, I have determined to read the 
Bible with Henry's Exposition, and to use the Philadelphia 
edition of 1828 which I own." 

Heavenly Father, help me to read with a devout and 
teachable spirit, and may thy holy word prove " A savour of 
life unto life " to my sinful soul. 

A few extracts from my diary will show my spiritual state, 
my dependence on God, and my desire to live in submission 
to His will : 



300 AUTOBIOGRAPHY 

February 3d, Thursday. — " Attended prayer-meeting last even- 
ing. Led in prayer, and felt and enjoyed communion with my 
Heavenly Father." 

March 11th, Saturday. After arriving at home from Balti- 
more, Md., with Samuel C. — " Gracious God, thou hast been very 
good to ray dear son, and returned him to his home safely and 
happily. I desire to record my devout and sincere thanks to thee 
for thy kind dealings with him. Oh grant me one more blessing 
— fill him with thy Spirit, and turn him to thee with a full and 
devout heart. I ask it for Christ's sake." 

May 17th, Wednesday. On returning from the city after an 
absence of some days. — " All things have occurred happily for me 
in my absence. I found my family well and happy. To thee, 
God, do I return deep and sincere thanks for thy kind dealings 
with me and mine." 

June 29th, Thursday. The day of leaving home for the city 
to be engaged there for some days. — " Gracious God, protect me 
amid the perils of my journey, and permit me to return safely to 
my home and family. I ask it for Christ's sake.'' 

September 15th, Friday. On the return of Mrs. Foot and my- 
self from Connecticut. — " We have had a pleasant trip and returned 
safely. Gracious God, I thank thee for thy care over us, for pro- 
tecting us and our children during our absence, and permitting us 
to return to our home safely and happily. Oh watch over us and 
our children, and prepare us and them for life and death, and 
accept of us all for Jesus' sake." 

November 30th, Thursday. — " This is the day set apart by the 
Governor of our state to return thanks to God for his mercies and 
favors during the past year. They have been bestowed with a 
bountiful hand on me and mine, and, gracious God, I desire here 
to record my profound thanks to thee for the many temporal and 
spiritual blessings bestowed on me and mine during the past year, 
unworthy as I am of the very least of thy fovors. Oh forgive me 
my sins and shortcomings in duty, for Christ's sake." 



AND COLLATERAL REMINISCENCES. 301 



1855. 

Several events distinguished this year from other years of 
my life, both as regards myself and our three oldest children. 
I will state them in their chronological order. 

In the month of February I avowed myself publicly in 
favor of a prohibitory law for the suppression of intemperance. 
This was done by a letter addressed to Edward C. Delavan, 
Esq., the eminent, liberal, and efficient supporter and advo- 
cate of the cause of temperance, at his request, and which, 
with other letters from distinguished gentlemen on the same 
subject, was published by him and extensively circulated. 

It is No. 44 of " Papers Written by me." 

Our daughter EuiDhemia, having so far completed her 
education as to leave school, your mother and I determined on 
an excursion with her, as well for our own gratification and 
recreation, as to give her an opportunity to see something of 
the world and visit our relatives at the East. We left home 
on the 14th of June, went to Saratoga Springs and took lodg- 
ings at Congress Hall, W^e passed several days there very 
agreeably. We then went to Ballston Spa, and spent a day 
there with my niece, Mrs. Booth, her husband and their 
ftimily. From there we went to the Catskill Mountain 
House, Avhere we met some agreeable acquaintances, and 
passed several days pleasantly. We then went to New York, 
but only remained there long enough to dine, and proceeded 
to Millburn, N. J., to visit our sister, Eliza Campbell. We 
remained with her several days and then went to Weston, 
N. J., to visit our friends and relatives, Mr. and Mrs. Cornell. 
After passing some days with them, your mother and I came 
home, leaving Eupheraia to make a longer visit. 

John completed his collegiate course in the latter part of 
July, and came home from Williamstown. He went back for 
a few days about the middle of August to attend commence- 
ment, in which he took a part, and receive his diploma. 



302 AUTOBIOGRAPHY 

Early in August Samuel C. went to New York to engage 
as a clerk in mercantile business, his mother having succeeded 
in persuading him to give up a mariner's life. 

In the forepart of July I received and accepted an invita- 
tion from the " St. Lawi-ence Agricultural Society " to deliver 
an address before that Society at their agricultural fair, to be 
held at Canton in that county the latter part of September. 
I wrote this address during the month of August, and com- 
pleted it on the 1st day of September. 

On the 10th of September John and I went to the city, 
he to commence his professional studies and remain there, I 
to attend to some professional business, and see him and 
Samuel C. properly settled for the winter. I was occupied in 
the city some eight days and then returned to G-eneva. On 
the 25th of September I left home for Ogdensburgh. After 
passing a day there with my relatives, 1 went with my sister, 
York, my niece, Mrs. Eauney, and some friends to Canton, 
and delivered my address there on the 28th of that month, 
before an immense audience of some six or eight thousand 
people. The address was well received. The Society pub- 
lished it in pamphlet form, and gave it a wide circulation. 

It is No. 45 of " Papers Written by me." 

On the 16th of October a Republican Convention of 
Ontario County nominated me for the office of County Judge, 
which I declined, not because it was of a lower grade than the 
judicial office I had j)reviously held, but because my engage- 
ments were such that I could not discharge its duties. 

On the 20th of October I was nominated as the Republi- 
can candidate for Member of Assembly for the Eastern Dis- 
trict of the County. I had not before that time identified 
myself by any public act with the Republican party, but had 
frequently expressed to friends my approval of its principles 
and objects. I concluded to accept the nomination, and 
openly and publicly become a member of the Republican 
party. 

In my letter to the committee, who communicated my 
nomination to me, I assigned, with considerable fullness, my 



AND COLLATERAL REMINISCENCES. 303 

reasons for joining the Eepublican party. This letter was 
printed and extensively circulated. It was also published in 
the leading Republican journals, and highly commended. The 
Republican committee of the District of Columbia published 
a large edition of it, and circulated it as a campaign document. 

It is No. 46 of " Papers Written by me." 

I was elected a Member of Assembly at the following 
November election. 

My time was employed this year mainly as in the previous 
one. My profession required and received much the largest 
portion of it. Professional engagements took me frequently 
from home, and for several days at a time — twice to Albany 
in January, to argue causes in the Court of Appeals — several 
times to New York, where I had this year more professional 
business than usual — four times to Rochester — three to Canan- 
daigua, where I was occupied altogether twelve or fifteen days 
— once to Lyons, Wayne County — once to Penn Yan, Yates 
County, and once to Ithaca, Tompkins County, where I was 
engaged several days in the argument of an important cause. 
I heard and decided as sole referee this year a large number of 
actions, and on several occasions went into adjoining counties 
to take the testimony and hear the arguments of counsel. 

One professional engagement this year was of an unusual 
character. While in New York in April I was retained by 
the owners of property on Broadway to accompany a com- 
mittee from them to Albany, and assist in defeating a law 
which had already passed the Assembly, to establish a rail- 
road in Broadway. This engagement detained me in Albany 
several days. We accomjDlished our object. 

The opportunity which the discharge of this duty gave 
me to see how much good an upright legislator could accom- 
plish at Albany, was one, and I think I can truly say, the 
prevailing consideration which induced me to go to the Legis- 
lature the two following years. 

Among other professsonal services of the year was one for 
the American Home Missionary Society, which I rendered 
gratuitously, and received a formal resolution of thanks, 



304 AUTOBIOaRAPHT 

passed by the executive committee of the Society, and a cor- 
dial letter from the secretary communicating it. 

My time at Geneva not given to my profession was divided 
between domestic matters, reading, social duties and enjoy- 
ments, instructing my children, and joining them in their 
recreations and amusements. 

The aifairs of the church also continued to receive my 
attention. 

A few extracts from my diary, showing how my religious 
duties were performed, and my progress, if any, in holiness of 
life, will complete the account of the year : 

January 2d, Tuesday. — With the aid and blessing of my 
Heavenly Father, I hope to pass the present year better than any 
previous one." 

March 19th, Monday. — "We have changed our hour for even- 
ing prayers on Sabbath evening to 7 o'clock, so as to have Samuel 
C. and Alfred with us. This hour precedes the time Samuel C. 
goes to college and Alfred to Dr. Reed's, and is a pleasant mode of 
closing the duties of the day." 

April 3d, Tuesday. On leaving home for the city on profes- 
sional business. — " Gracious God, I commit myself and my family 
to thy paternal care ; preserve us, I entreat thee, and allow us to 
meet again in peace and joy. I ask it for the Saviour's sake." 

April 13th, Friday. On my return from the city. — "I thank 
thee, God, for preserving me and mine during my absence, and 
permitting me to join my family again in health and peace." 

Memorandum. — My diary shows, that always on leaving home 
and on returning, I offered and recorded prayers similar to the 
above, and shall omit mentioning them hereafter. 

April 30th, Monday. — " This day is my eldest son's birthday. 
He enters to-day on his twenty-first year, and gives promise of 
respectability and usefulness. I thank thee, God, for sparing 
his life and enabling him to acquire an education. Oh send thy 
Spirit upon him with power, give him a new heart, and make him 
a true child of thine in Christ." 

June 11th, Monday. — "Spent my Sabbath yesterday as usual 
when at home, and I am happy to believe better than I usually 
do. My usual mode of passing my Sabbath now is as follows : — 



AND COLLATERAL REMINISCENCES. 305 

First. Reading myself, with all the children who can read, a chap- 
ter in the Bible, each reading a verse in succession. Second. Pray- 
ers — the oldest son present commencing by repeating the Lord's 
prayer. Tliird. After breakfast and before the children go to 
Sunday-school, I hear the little boys repeat their Catechism. 
Fourth. Immediately following the afternoon service in church, I 
hear the younger children repeat what they can remember of the 
sermons, and the older children in a Bible lesson, at which I ex- 
plain some portion of Scripture. I am now on the Parables. Fifth. 
Sacred music and prayers about 7\ o'clock. I enjoyed greatly my 
Sabbath yesterday, and especially the services at church. They 
were conducted delightfuUy by our pastor." 

July 4th, Wednesday. On the return of Mrs. Foot and myself 
from our tour and visit with our daughter Euphemia. — " To thee, 
God, do I give deep and sincere thanks for the pleasure of this 
tour and visit'. Thou art the Giver of every good and perfect gift. 
Enable me to realize this truth and act accordingly. Forgive my 
sins, and accept of me for Jesus' sake." 

August 6th, Monday. — " This day my second son, Samuel C, 
is to leave home to commence hfe for himself He is going to the 
city. Gracious God, I commit him to thee; receive him, watch 
over him, and bless him. I ask it for Christ's sake." 

September 10th, Monday.— "My son John accompanies me 
to the city to-day. He is to commence his professional studies 
there and begin life for himself God, I commit him to thy 
care. Pour thy Spirit upon him and make him a child of thine, 
through Jesus Christ, thy Son, his Saviour." 

October 22d, Monday. After my nomination for Member of 
the Assembly. — " I hope and trust that being a candidate for a 
popular office will not draw me from religious duties. Gracious 
God, watch over me, I entreat thee, and give me the aid of thy 
Spirit to keep in the path of Christian duty." 

November 23d, Friday. After my election was ascertained. — 
" This election opens a new and wide field of usefulness to me this 
winter. I hope to fill it worthily, and to that end, I pray my 
Heavenly Father to give me Avisdom from alwve and direct me in 
all my ways." 

November 29th, Thursday. — " This is Thanksgiving day, and 
I desire to record my deep and devout thanks to my Heavenly 
20 



306 AUTOBIOGRAPHY 

Father for the abundance of all things which he has given to me 
and mine the past year. God, be merciful to me, and continue 
thy favors, unworthy as I am, and accept of me and mine, for 
Christ's sake." 



18S6. 

This was a very busy year for me. My time was wholly 
occupied, principally in legislative, j)rofessional, and social 
duties. Domestic matters, embracing mainly the care of my 
large family, demanded some of my time. Politics also again 
this year interested me and received considerable attention. 
The affairs of the church, too, required some of my time. Nor 
did I neglect general and professional reading. Only a few 
days on two different occasions, which will be hereafter men- 
tioned, were spared for rest and recreation. 

On the 31st of December, 1855, I went to Albany, and on 
the next day, 1st of January, 1856, commenced my duties as a 
legislator, and continued at this post of duty till the 9th of 
April, when the session of the Legislature closed. I took 
rooms at Congress Hall, and passed my time pleasantly, 
though I labored assiduously in the discharge of my duties. 
I was chairman of the judiciary committee, which cast upon 
me a large amount of labor. Besides the duties which de- 
volved upon me as an ordinary legislator, my professional and 
judicial standing subjected me to heavy exactions on my time. 
I made it a rule to be present always, when the Assembly was 
in session, and to understand and attend to every proceeding. 
I was absent only twice during the session, viz., two days in 
January and one day in February, on each of which occasions 
I was obliged to go to New York to argue a cause in which 
my services could not be dispensed with. 

The journals of the Assembly contain a brief, though full 
and accurate, account of my legislative action. I spoke often, 
yet only when it clearly appeared to me I could aid the house 
in forming a correct judgment on the measure before it, and 
±hen always briefly, and directly to the point under considera- 



AND COLLATERAL REMINISCENCES. 307 

tion. Tliis course always secured for me the attention of the 
house, when I rose to speak. 

I will mention a few- of the measures which were intro- 
duced and carried through by me, and for which I was com- 
mended. 

The first related to the printing of the journals of the 
Senate and Assembly. No better account of the matter can 
be given than that contained in the following extract from the 
Albany Morning Express of January 24th, 1856 : 

" We trust none of our readers failed to read the admirable 
speech of Mr. Foot on this subject, delivered in the liouse on 
Tuesday, and reported in yesterday's Express. For the benefit 
of those who did not, we shall offer a w^ord or two of explanation. 

" It appears, in the first place, that the persons charged with 
printing the journal and proceedings of the house have been very 
negligent in the discharge of their duty. Over three weeks of the 
session have passed, and yet no journals of any day's proceedings 
have been laid upon the desks of the memliers. Mr. Foot stated, 
that near the close of the last session be bad occasion to examine 
the journals of the bouse, when he ascertained that none of them 
had been printed, and he found them in manuscript and in piles 
in the office of the contractor, Mr. Van Benthuysen; some in 
drawers, and some not. 

" That there is a manifest neglect of duty in this business, is 
plain from a standing rule of the house, which provides that ' tbe 
journal of each day's proceedings of the house shall be printed so 
that it shall be left on the tables of tbe members within four days 
after its approval, and tbe sergeant-at-arms shall cause the printed 
journals to be kept on file, in the same manner as other printed 
documents.' 

"We trust that the committee appointed to investigate this 
subject will discharge their duties thoroughly, and that they will 
throw a little light upon the details of this printing business." 

The second related to the taxes levied in the city of New York. 
I introduced tbe subject by the following speech, which will ex- 
plain the whole subject : 

"Mr. DuGANNE introduced a bill to enable the Supervisors of 
New York to raise money by tax. 



308 AUTOBIOGRAPHY 

" Mr. Foot rose and said : I move that this bill, being the tax 
bill for the city of New York for the year 1856, be referred to a 
special committee consisting of two members from the city of New 
York, and of three members from other parts of the state. Having 
passed eighteen years of active life in the city of Ncav York, my 
productive property being mainly there, and retaining still a place 
of business in her great thoroughfare, Broadway, where I pass a 
portion of my time, I have a right to be heard, and a duty to 
perform on all measures affecting her welfare. Our commer- 
cial metropolis is identified with the character, interests, and 
prosperity of the state. Its government has become a by-word 
and reproach throughout the state and country. Until the last 
twelve or fifteen years executive and legislative oflSces in the city 
were deemed honors by all, and none but men of the highest char- 
acter were considered vv^orthy of them. Then the finances of the 
city were economically managed. With a population in 1845 of 
371,000, the whole amount of tax raised was somewhat less than 
'^2,000,000. This year, with a population of 630,000, the city 
government asks the legislature to allow it to raise by tax over six 
and a half millions of dollars. The amount is enormous and start- 
ling. A request to the sovereign power of the state to force by law 
such a monstrous sum from the income and earnings of only one- 
sixth part of our population is appalling ; and when it is consid- 
ered that of this immense sum all but $800,000 of the city's pro- 
portion of the state tax is asked, to meet the exjienses of the city 
government, the spirit sinks and the heart is faint — the patriot and 
advocate of self-government is filled with distrust — ^is alarmed at 
the prospect, and fears the result of the great experiment we are 
making on the ability of a people to govern themselves. The esti- 
mated expenses of our state government for this year, including 
its noble charities of -$222,000, are only 11,574,000; less than one- 
third asked for the expenses of the city government. Thus it is 
seen that the state governs well 3,470,000, and entirely 2,800,000 
people, for less than one-third asked to govern wretchedly 630,000. 
If tlie city were now governed as economically as it was in 1844 
and previously, in proportion to its population, the sum required 
this year would be $3,400,000, whereas the sum asked exceeds 
$6,500,000. Hence more than $3,000,000 will be drawn by law 
from the taxable inhabitants of the city of New York for wasteful 



AND COLLATERAL EEMINISCENCES. 309 

if not corrupt pniposes, if the Legislature does not interpose and 
refuse its sanction to such wholesale plunder and oppression. My 
sober judgment is, that if the Legislature does not interfere and 
refuse to allow the municipal government of New York to draw 
such immense sums from the industry and enterprise of the people, 
the city will be ruined. Capital will seek employment elsewhere, 
enterprise droop, and industry find occupation where its earnings 
Avill be more secure. The city feels the evils of bad government, 
is chafed and restless. Seeing other cities and the rest of the 
country economically and well governed, the inhabitants naturally 
think the fault is in the structure of their government, and have, 
within the last twelve years, altered the charter several times, and 
now propose to alter it again. But, alter it as they may, they will 
never have a better government while their officials are allowed to 
handle $6,000,000 of money a year. I have looked over the list of 
items in this bill. While the city government should be allowed 
to have all they ask for educational purposes and to meet their 
engagements, yet it seems to me they may and should be restricted 
in a gTeat many of the expenditures they propose. For instance, 
they ask for $260,000 to clean streets— give them $500,000 for that 
o1)ject and they would expend it all. Give them but $150,000 and 
the streets will be kept just as clean. They ask $1,000,000 nearly 
for their Almshouse — give them $2,000,000, and there will be 
mouths to feed and officers to spend it. Eeduce it to $750,000 or 
$500,000, and the poor will be just as well taken care of- They ask 
for $370,000 for salaries. Eeduce it $75,000, and the salaries in 
proportion, and the city Avill be just as well served. At any rate, 
let us refer the subject to a suitable committee to inquire and report 
to us the result of their investigation. As the question, whether 
the Legislature shall take a more active supervision over the city 
government than it has done heretofore is a grave one, and involved 
in the motion before the house, I desire it may lie on the table, to 
enable gentlemen to express their views deliberately upon it." 

My proposition was vigorously opposed l^y members of the New 
York delegation. After an earnest contest, I finally succeeded in 
carrpng my proposition substantially as proposed. 

The following are notices of it in the public journals : 
" It will be seen by the proceedings of the Assembly on Satur- 
day, that the question which has been so long pending and so 



310 AUTOBIOGRAPHY 

warmly contested respecting the reference of the iN'ew York tax 
l)ill, has been decided substantially in favor of Mr. Foot's first pro- 
position, viz., to refer it to a committee consisting of two members 
from the city and three from other parts of the state, as that is the 
composition of the committee on the ' incorporation of cities and 
villages ' to which it is referred. 

" But the circumstance which renders this decision of the 
house important, is that the house has thus recognized the princi- 
ple contended for by those who opposed the reference to the New 
York delegation, that the Legislature will hereafter supervise and 
restrain Avithin reasonable bounds the expense of the city gov- 
ernment." — Albany Evening Journal, Monday Evening, March 
3, 1855. 

'• It will be seen by our legislative report, that the New York 
tax bill, which has been the subject of a good deal of debate and 
excitement, under competing motions to refer it, was on Saturday 
taken from the hands of the New York delegation, and referred to 
the standing committee on cities and villages — a committee which, 
in its composition, corresponds substantially with the original pro- 
position of Mr. Foot, of Ontario, for a select committee." — The 
Atlas and Argus, Monday Morning, March 3, 1855. 

An investigation by the committee resulted in a considera- 
ble reduction of the amount proposed to be raised. 

Third. Women's rights. 

There were great elforts made this year to induce the 
Legislature to pass an act establishing what are called 
" loomen's rights." Printed forms of petitions were spread all 
over the state, and after the Legislature convened, they came 
in by scores to the Senate and Assembly, more or less numer- 
ously signed. Those presented to the Assembly Avere all 
referred to the judiciary committee. Being chairman of that 
committee they were all sent to me. Tlie committee regarded 
the idea of changing the order of an infinitely-wise Creator in 
regard to the sexes of those created in his own image, as too 
absurd for serious consideration, and determined to make no 
report on the subject. 

One evening I found on my table an unusually large bun- 
dle of these petitions, which had been presented that day to 



AND COLLATERAL REMINISCENCES. 311 

the Assembly, and sent by the clerk to me. These, with the 
others before sent to me, would nearly, if not quite, fill a 
bushel basket. The whole thing struck me as so ridiculous, 
that I took my pen and wrote a jeu d' esprit, solely for my 
own amusement, and endorsed it " Report on Women's 
Rights." I took it over to the Assembly-chamber to show to 
and amuse my friends. But it so happened that without 
any one seeing it, it got into my drawer among other papers, 
lay there for some weeks, and had almost wholly passed 
out of my mind. One day a member of the house inquired 
why the judiciary committee had not reported on women's 
rights. Recollecting that I had written something about 
them, I looked over the papers in my drawer, found this one en- 
dorsed " Report on Women's Rights," and sent it to the clerk 
of the house to read. He read it audibly, to my amazement 
and confusion, but to the uproarious delight of the house. 
One member proposed to print 5,000 extra copies. It was 
universally published, and I scarcely met a friend or acquain- 
tance within the next ten days who did not greet me with a 
laugh or a smile. The result showed that it was just the right 
way of putting down such nonsense. Only one petition was 
afterwards presented in the Assembly, and that was referred 
to ther committee on grievances. It killed women's rights for 
the time and for several years afterwards. 

The report is No. 47 of " Papers Written by me." 

On Monday evening, the 28th of January, 1856, a coloniza- 
tion meeting was held in the Assembly-chamber, of which I 
was appointed chairman. On taking the chair, I made a short 
address, which will give my views at that time on the great 
and absorbing subject of slavery. 

It is No. 48 of " Papers Written by me." 

While at Albany your mother made me a couple of visits 
of about one fortnight each — one in the early part, and the 
other in the latter part of the session. I passed a few days at 
home during the usual annual recess of the Legislature in 
February in honor of Washington's birthday. 

My professional engagements this year were unusually 



312 AUTOBIOGRAPHY 

numerous. They took me often from home — several times to 
New York — once to Albany — a number of times to Rochester 
and Canandaigua, and occasionally to other counties in this 
part of the state. In addition to my duties as a counsellor-at- 
law, I heard and decided a good many cases as sole referee. 

Our son John being at home in July on a visit, I spent a 
couple of days near the middle of the month on a fishing ex- 
cursion with him and some friends, and near the end of the 
month your mother and I joined a party of friends from the 
city on a trip to Niagara Falls. We took John and Mary 
Avith us. We passed two days charmingly at the Falls. 

In the month of October and while engaged professionally 
in the city of New York, a Republican convention in this 
Assembly district nominated me again for Member of Assem- 
bly. This was wholly unexpected, and not desired by me. 
But acting on the principle, which always governed me, that 
no citizen should decline an office conferred on him by his 
fellow-citizens, if he was able to discharge his duties, I 
accepted the nomination, and was elected in November follow- 
ing by a largely increased majority.* 



* My letter of acceptance : 

No. 106 Broadway, New York, Oct. 13th, 1856. 
Thomas J. McLouth and George B. Dusinbeere, Esqrs. 

Gentlemen : — Your letter of tbe 11th inst., apprising me of my 
nomination for a re-election to the Assembly was received to-day. 

I cannot recall any event of my life more unexpected than this. I 
took it for granted that as our town was not entitled to the member 
according to usage, the nominee would come from some other town ; and 
I feel most grateful to my fellow-citizens for the distinguished honor (for 
I so regard it) of yielding their claims in my favor. I also thank my 
fellow-townsmen for this renewed evidence of their confidence and 
respect. The only return I can make is, if elected, to sei-ve the district 
and the state with fidelity. 

This being a public trust freely offered, and the duties of which I am 
able to discharge, there is no reason why I should hesitate to accept it — 
and this I do the more readily, lecause I have listed for life under the 
BepuUican hrmner against the further extension of slavery, and I am willing 
to serve in any position which my fellow-citizens may designate. 



AND COLLATERAL REMINISCENCES. 313 

Our children enjoyed good health this year. John and 
Samuel C. were occupied in the city. John as a student of 
law till December, when he was admitted to the bar, and 
Samuel C. as a clerk in a store. Early in October I took Alfred 
to Watertown, in Connecticut,and placed him at school there. 
Euphemia spent considerable time during the year with our 
relatives in New York and New Jersey. Mary pursued her 
studies at home, and the younger children Avho were old 
enough, attended school in Geneva. 

The manner in which my religious duties were discharged 
during the year, and my spiritual life, will appear by some 
extracts from my diary. 

In my diary of January 1st is an entry stating the manner 
in which I intended to pass my time in Albany and attend to 
my religious duties, viz., '• to rise at 6 o'clock in the morning 
and retire to rest at 11 o'clock in the evenino;. After dressina- 
in the morning, prayer, reading in Henry's Exposition of the 
Bible, a chapter in the Testament, and a hymn in the hymn- 
book of our church, and wTiting my diary, all in the order 
stated and before breakfast ; prayer in the evening before 
retiring to rest, and attending church twice on the Sabbath." 
In these duties there was no material deviation during my 
stay in Albany. 

April 10th, Thursday. On leaving Albany for home at the 
close of the session of the Legislature. — " I thank thee, God, for 
having preserved me during the winter and the session of the 
Legislature in health — permitted me the use of all my faculties 
and to occupy a prominent place of usefulness. Forgive what 
thou hast seen amiss in me, and accept of me for Christ's sake." 

April 38tli, Monday. — " Spent my Sabbath yesterday as usual, 
and I trust better than I often do. Our pastor, Eev. Joseph A. 
Collier, conducted both services, and they were very interesting. 

Please communicate my grateful acknowledgments to the gentlemen 
of the convention who nominated me, and accept for yourselves the 
assurances of my friendship and regard. 

Samuel A. Foot. 



314 AUTOBIOGRAPHY 

I had a pleasant half hour with my children in Bible class. I thank 
my God that this morning, in my private devotions, I enjoyed a 
season of pure, sweet, and fervent love for Him." 

September 8th, Monday. The day after the sacrament of the 
Lord's supper was administered in our church. — " All the exercises 
were most happily and effectively conducted. It seemed to me as 
if I was nearer to my God and Saviour than ever before." 

November 5th, Wednesday. On being re-elected to the Assem- 
bly. — " For this mark of pubhc confidence I thank thee, God, 
who art the Giver of every gift. Enable me to discharge the 
duties of this public trust with fidelity, and usefulness to my fel- 
low-men. I ask it for the Saviour's sake." 

November 20th, Thursday. — " This is the day set apart by the 
Governor of this state to return public thanks for the mercies of 
the year. The Lord has crowned the year with many blessings to 
me and mine. Mrs. Foot, myself, and all our children have 
enjoyed full health. Our children have behaved well, and given 
us no cause for unhappiness. They have been attentive to their 
duties and studies, and made progress in improvement. My own 
time has been usefully occupied, and beside my regular income, 
the proceeds of my professional business have been considerable, 
and enabled me to add something to our property. I have heard 
and decided as referee a considerable number of actions. My de- 
cisions have been acquiesced in, and thus I have been the instru- 
ment of settling a large number of controversies. My home has 
been a happy one the whole year, and our little farm has yielded 
an abundance in reward of cultivation. My fellow-citizens have 
again shown their confidence in, and respect for me, by electing 
me to the Legislature by a very large vote. The greatest blessing 
of all, however, is the full enjoyment of spiritual privileges. I 
have not been detained from public worship in a single instance 
during the year. The services in our own church have been 
dehghtfully conducted by our pastor, who has proved a most faith- 
ful and able minister. My private and family devotions have been 
a source of great comfort, and I hope and trust of spiritual im- 
provement. For these and many other spiritual and temporal 
blessings I utter and record my sincere and devout thanks." 



AND COLLATERAL REMINISCENCES. 315 



1857. 

This year, like the last, was a very busy one. My time 
was fully occupied, and nearly in the same way. The only 
material difference consisted in my profession not occupying 
so much of my time, and domestic matters and social duties 
more of it. A reference to my account of that year will give 
the particulars. No excursion was taken this year for recrea- 
tion. The small portions of time given to that object were 
passed at home with my children, mainly in fishing on the 
lake and in waters in the vicinity of Geneva. In domestic 
matters this year, I include a pretty active correspondence 
with my six eldest children. My four oldest sons were away 
from home nearly all the year, and my two eldest daughters 
occasionally for two or three weeks at a time ; and in social 
duties, I include visiting with our pastor, the Rev. Joseph A. 
Collier, the families of our church and congregation. 

On Monday, the 5th of January, I went to Albany, and 
the next day commenced my duties as a legislator, and con- 
tinued in the discharge of them till the 18th day of Ajaril, 
when the Legislature adjourned. I occupied the same rooms 
at Congress Hall which I had the year before, and passed my 
time agreeably.' My attention to my duties was unremitting, 
and my time, if possible, more absorbed by them than during 
the previous year. The Eepublican party, to which I belonged, 
were successful at the election in November, 1856. They 
elected their Governor, John A. King, and a majority of both 
branches of the Legislature. I was again chairman of the 
judiciary committee, and as in the j^revious year, my judicial 
and professional standing led to many calls, applications, and 
labors beyond those rightly belonging to me as a member from 
Ontario County. I made it a rule again this year, not to be 
absent from my seat while the house was in session, and to 
understand and attend to all its proceedings. I was not 
absent this year a single day during the session, nor out of 
Albany, except a couple of days in February, when the Legis- 



316 AUTOBIOGRAPHY 

lature took its usual recess in deference to Washington's birth- 
day, and I made a visit to my family. There is so much truth 
mixed with other stuff in a short article of " The Knicker- 
hocker" (a random, hap-hazard journal, published in Albany) 
of the 15th of Aj^ril, 1857, that I append it in a note.* 

* Judge Foot of the Assembly is a remarkable man in many respects. 
He is the most industrious man in the house. Pie is also one of the most 
talented and persevering. As a jurist, Judge Foot has no superior in 
either brancli of the Legislature. As a worker, he is scarcely equaled by 
any man in the state. Judge Foot is always in liis place. Some of his 
of)ponents run away with tlie idea that he sleeps in the Assembly-cham- 
ber and has his meals sent up from a restaurant. Whether this is so is 
more than we shall take, upon ourselves to pass upon. All we know is, 
that the Judge is always " on hand" — a fact that causes more trouble to 
certain sharp practitioners who wish to put leaks into the treasury, than 
any other drawback they meet with in or about the Capitol. Judge 
Foot " knows the ropes," and is not to be " sold " on any question. 
Since the days of " Old Sam Young " there has been no man in the Legis- 
lature so difficult to wheedle and humbug. The Judge cannot be 
" managed." Wlien he takes up a jjosition on any bill, he is as immova- 
ble as the Catskill Mountain. This peculiar trait makes the Judge 
popular with the people, but in the highest degree unpopular with the 
lobby. Tliose who wish to get " a good thing " from the state, find in 
Judge Foot an obstruction which the locomotive " Corruption " cannot 
overcome. During the whole session Judge Foot has stood like a bull- 
dog at the door of the Treasury, ready to fly upon any seedy gentleman 
who undertakes to better his fortunes by becoming a bill of expense 
on the tax-payers of the state. Judge Foot is a man of very superior 
abilities, and more than the usual quantity of good nature, provided you 
don't talk of " applying for relief." Should you do that, you must not 
be surprised if he informs you that he " wants to see a friend in the cloak- 
room." The Judge has one other foible. He is a little given to old fogy- 
ism, and entertains a respect for " high top-boots," which makes it 
difficult for him at times to do entire justice to ideas which take their 
rise from the go-ahead tendencies of any age given to steam engines and 
low-necked dresses. We have said that the Judge is unjaojiular with the 
lobby and sharp practitioners generally. This is so. But while this is 
true of the lobby and sharp practitioners, the very opposite is the case 
with the people. Outside of the Capitol, Judge Foot enjoj's a repiitation 
which will possibly make him our next Governor. He is a growing man, 
and what is better, he is growing in the right direction. 



AND COLLATERAL EEMINISCENCES. 317 

The journals of the Assembly contain a brief, but accurate 
record of my acts as a legislator. I pursued the same course 
in addressing the house this year tliat I did the year before, 
and was rewarded with the same attention. 

The Eepublican members of the Assembly held a public 
caucus on Monday evening, the 5th of January, to nominate 
their officers, of which I was appointed chairman. On taking 
the chair I made a short address, which was well received by a 
large audience. It was entirely extempore, and only an out- 
line of it was reported and imblished.-"" 

There were two important measures adopted at this session 
of the Legislature relating to, and affecting directly, the city of 
New York, in which I took a deep interest and an active part, 
though they were presented and conducted before the house 
by other gentlemen. These measures were the establishment 
of the Metropolitan Police and the Board of Port Wardens. 
After the committee, who had charge of the Police bill, had 
perfected it, they submitted it to me for a careful and thor- 
ough examination and the suggesting of amendments. This 
duty was discharged faithfully and to the best of my ability. 
I struck out several clauses which might endanger the measure 
on constitutional grounds, and added others to render it more 
efficient. The committee approved of my amendments, 
reported the bill, and recommended its passage as it came 
from my hands, and in that shape it became a law. 

In regard to the Board of Port Wardens, a committee 



* On taking the chair, Mr. Foot said : — 

G-entlemen and Brother Republican Rejireseutatives : — Before I take 
the seat with which j'ou have honored me, I cannot forbear congratu- 
lating you on this meeting as one of the happy results of the last election. 
There has never been an occasion when the jieople, with so liberal a hand, 
have exhibited their confidence in any party, as they have in the party 
with which we, gentlemen, are connected. Most of us have been returned 
to the jjositions which we hold, by large majorities. This contidence, so 
liberally bestowed upon us by our constituents, has imposed upon us an 
obligation to discharge our duties so as to merit that confidence, and to 
l^romote the great interests of the Empire state. 



318 AUTOBIOGRAPHY 

came from the city, and proposed a measure, which would 
give our political friends an effective party machine to use at 
elections. Knowing as I did from my professional practice in 
the city, not only the uselessness, but the positive injury which 
the commerce of the city suffered from having, as there then 
were, five different boards of surveyors, each in the interest of 
the parties who employed them, and knowing the great advan- 
tage of establishing in the city an independent and competent 
board of surveyors, to whom the whole business should be 
committed, I thought it a favorable opportunity to establish 
such a board. I drew a law to effect the object. It was 
introduced by another gentleman, referred to the committee 
of which he was chairman, aod engineered by him with my 
assistance through the house. It was vigorously opposed by 
the Democratic party in the Assembly, but finally passed both 
houses and became a law. In appointing the members of the 
Board, Governor King made excellent selections, and the 
Board has proved a great benefit to the commerce of the 
city. 

There were two measures in which I took a public, active, 
and leading part. One before the Assembly, and the other 
before both branches of the Legislature. The former involved 
an unconstitutional legislative practice, which was not impor- 
tant in its consequences, while the latter was of the greatest 
moment, affected the whole country, and was fraught with the 
most serious results. 

The former is presented in the following report of my 
speech on the Supply bill, on opening the subject to the 
Assembly : 

"Mr. Foot moved to strike out all appropriations to com- 
mittees who may have been appointed by either house to sit during 
the recess. This included the committee to examine the Chancery 
Fund, the committee to examine the claims of Black Eiver water 
owners, and the committee to examine the Pohce systems, &c., of 
the city of New York. 

" Mr. F. was aware that the duty he assumed was an ungra- 
cious one, but he deemed it to be a duty. These traveling com- 



AND COLLATERAL REMINISCENCES. 319 

mittees were a grievance. Last session, every few days propositions 
were iuti'oduced to create such committees. In every instance, he 
beheved, they were voted down. Now, however, we are called 
upon to pay some $15,000 or $20,000 to such committees appointed 
in 1855. Last winter, he believed, the Committee on Ways and 
Means refused to report pay for either of these committees. But 
the original bill was amended in the house, and these objectionable 
propositions crowded in. 

" He deemed all these propositions unconstitutional. No mem- 
ber can receive more than $300 for his services, unless there be an 
extra session, or in cases of trial of impeachment. The duties of 
these committees are, in every sense and form, legislative duties. 
He could not, therefore, under his oath, vote pay to either of 
these committees, except to the extent of simply covering actual 
disbursements. 

" The Committee on the Police and Courts of New York was 
raised by a joint resolution of the two houses. They ask for 
83,000. Toward the close of the last session, a resolution was 
passed calling for the report of this committee. None was made 
so late as March 27th, nor until an application was made for pay. 
Indeed, it was not laid on the table of the Senate in manuscript 
until 24 hours of adjournment ; and yet it is printed as Document 
97, and as if sent to the Senate on the 4tli of March. How this 
mistake, if it be a mistake, occurred, he could not say. It may be 
all right, or it may be all wrong. He was not yet prepared to pass 
judgment in regard to it. The report contains 11 pages, aside 
from testimony. Some of its facts are interesting ; but they by no 
means cover all the ground embraced in the resolution. 

" He proposed, if the appropriation is now sb-icken out, to refer 
the whole subject to a committee of this house to report thereon. 
The clerk of the committee should have some compensation ; but 
how much he could not say. 

'•' In regard to the Black Eiver committee, he could cheerfully 
say, that their report is able and valuable. But the committee 
was not raised by a joint resolution — a fact which rendered the 
appointment of the committee illegal. The statute is explicit — 
prohibiting either house, without consent of the other, raising any 
such committee. This statute was openly violated by the appoint- 
ment of this committee. The attempt to pay the committee is, 



320 AUTOBIOGRAPHY 

therefore, in the very teeth of the law. The clerk aud counsel of 
the committee, however, should be paid, as proposed. ISTor would 
he object to an appropriation to the committee, to meet all their 
actual disbursements. 

" The Committee to examine the Chancery Fund ask $3500. 
That committee was appointed by the Senate, without the concur- 
rence of the house. He laieAV that a great deal of interest was felt 
by the public in regard to this fund. But those famihar with this 
fund receive no light from this report. They knew exactly where 
the fund was, and that all desired information could be obtained 
by any one who chose to call upon the treasurers of the several coun- 
ties. The report made makes 11 pages, but it is only an exhibition 
of the entries on these treasurers' books. The facts, however, are 
orderly, correctly, and clearly presented ; but he would contract 
to make thirty just such reports every year. 

" In regard to the Building Association, he had only to say 
that their report contained but very little information. It was 
raised by resolution of the house only. The clerk of the com- 
mittee should, perhaps, receive some compensation, but not so 
large a sum (1375) as is proposed. 

" Ha\dng thus discharged this unpleasant duty, Mr. F. would 
leave the decision of the whole subject with the house." 

My motion was made when the house was in committee 
of the whole, and produced an animated debate. The com- 
mittee, after some modifications of the objectionable items, 
reported the bill to the house and recommended its passage. 
When it came up for action before the house, I moved to 
strike out the unconstitutional items. The following report 
of my speech on that occasion will explain my views : 

" Mr. Foot now took the floor in support of his amendment, 
and in reply to the objections from various quarters, insisting that 
the constitutional and legal positions taken by him had not been 
answered. They had rather been evaded. His position was, that 
under the constitution and law, whilst the Legislature had the 
power to appoint these traveling committees, it could not do this 
at the public expense. To pay them a compensation would be to 
pay them more than the constitution allowed a member of the 



AND COLLATERAL REMINISCENCES. 321 

Legislature to receive, for services as such, during his term of 
office. The law, framed in accordance with the constitution, pro- 
hibited the appointment of traveling committees "at the public 
expense." These committees, when tliey accepted their appoint- 
ments, did so with a full knowledge of the law and the constitu- 
tion ; and therefore, the state was under no legal, constitutional, 
or moral obligation to pay them compensation. Their disburse- 
ments they were entitled to. That was not compensation. What 
their disbursements were should be the subject of an examination 
and adjustment, but nothing more. All this would be the subject 
of consideration, if the items proposed to be struck out were 
erased from the bill. As to the responsibility of this house for this 
bill, if it should finally pass, he repelled with warmth the idea that 
it rested elsewhere than with those Avho should vote for it." 

My motion did not prevail. The bill was passed by bothi 
houses and sent to Governor King for his approval. He 
returned it to the Assembly, where it originated, with his 
objections, which were founded on the unconstitutionality of 
the allowances, w^hich I had moved to strike out. His veto 
was sustained by a very large majority. 

This subject attracted a large share of ptiblic attention, 
and added considerably to my position in the Legislature and 
before the public. ••' 

* AiBANT, February 14th, 1857. 

It is too much the fashion of the day to court public favor at the 
expense of the pubhc good, and I had almost said of private morals. 
This is so common, that honorable men, in public stations, daily yield to 
a seeming necessity in regard to measures requiring a compromise of 
principle that they would denounce and resist in the ordinary business 
intercourse of private life. In this way only can we account for the large 
amount of money that has, during a series of years, been drawn from the 
public treasury, which, under a strict observance of the constitution and 
laws, never could have been appropriated. 

In this desert waste of base legislation we have at last reached an 
oasis. The veto by Governor King of the Supply bill, Avill, I trust, 
inaugurate a new era. 

Our representative, Judge Foot, took the initiative in resisting the 
ptissage of that bill in the Assembly, for the reason that it appropriated 
the public money in violation of the constitution. In this he has ren- 

21 



322 AUTOBIOGRAPHY 

The other measure which I have mentioned, and in which 
I took a leading and active part, enabled me to render a ser- 
vice to the country of real value, and prevented my life, if I 
had never done any other beneficial act, from being barren of 
good to my fellow-men. 

By the repeal of the Missouri Compromise in 1854, the 
subject of slavery had engrossed the public mind, and led to 
the formation in the following year of the Republican party, 
the leading principle of which was the confining of slavery to 
the states in which it existed, and excluding it from the tend- 
tories of the United States. 

The presidential and state elections in November, 1856, 
showed that the Republican party was advancing to power on 
the great principle upon which it was founded, and that ere 
long, and certainly as early as the presidential election in 
1860, would obtain control of the General Grovernment. In 
that state of political parties, an action generally known as 
the " Dred Scott Case " was pending in the Supreme Court of 
the United States. On the argument of that case, the counsel 
had drawn into discussion the legal and constitutional j)rinci- 
ples sustaining and regulating slavery in this country. The 
case had been twice elaborately argued, and held a long time 
under advisement. The decision was looked for by the coun- 

derecl a most important service, not only to his immediate constituents, 
but to the whole state. 

Although the bill passed, it is most gratifying that he has })een sus- 
tained by Governor King, who could not, without ignoring the principles 
which have characterized his public and private life, do less than he has 
done in vetoing the bill. 

The first impression here among some of the friends of Judge Foot 
was, that his course in reference to the Supply bill would affect his popu- 
larity and usefulness in the Assembly ; but he did not stop to count the 
cost of doing his duty. And so far from lessening his influence, it has 
greatly increased it. 

He has given us a practical illustration of the noble sentiment uttered 
: by H. Clay, when he said " I would rather be right than be President." 

Omega. 
— Geneva Courier^ Wednesday, February 18th, 1857. 



AND COLLATERAL REMINISCENCES. 323 

try witli deep interest and. great anxiety. At lengtli it 
came, and reached Albany on the 8th of March. I read it 
carefully on the evening of that day. The doctrines, 
announced by the majority of the court, astonished and 
alarmed me, and before retiring to rest, I wrote the following 
resolution, which I offered in the Assembly the next morning : 

"AYhereas, the Supreme Court of the United States have 
decided, by the concurring opinions of the five members of that 
court from the slaveholding states, that slavery may be extended 
into the territories of tbe United States, and that neither Congress, 
nor a territorial government instituted by it, can exclude slavery 
from them, and which decision has in effect declared slavery to be 
national, and most seriously impaii'ed the constitutional rights of 
the free citizens of this state ; therefore, 

"Eesolved (if the Senate concur), That a joint committee of 
three members of the Senate and five members of the Assemlily 
be appointed to consider and report what measures (if any) the 
Legislature of this state ought to adopt to protect the constitu- 
tional rights of her citizens against the serious and alarming 
doctrines of the aforesaid decision." 

This resolution was subsequently earnestly debated and 
adopted by the Assembly. It was also concurred in by the 
Senate. During the debate in the Assembly I spoke twice in 
favor of the resolution. One of my speeches was in answer to 
objections, and was reported as follows : 

" Mr. Foot : — The gentleman from Queens has asked what Ave 
expect to accompHsh by this resolution. It has been decided by the 
United States Supreme Court that slavery was local. Under those 
decisions the citizens of the free states felt safe. It has been the 
doctrine from the earliest time, that Congress had the unlimited 
power to admit or exclude slavery from the territories. This 
doctrine has been acted upon from 1787 down to the present 
hour. 

" Under the question whether a colored man named Dred Scott 
had a right to sue in the court (for that was all that was involved), 
a majority of the court had announced the alarming doctrine that 
slavery has a right to be preserved beyond state jurisdiction, and 



324 AUTOBIOGRAPHY 

that slaveholders may go into tenitorics in spite of any prohibition 
by Congress. It may be carried, nokfis volens, into the territories. 
This was an alarming and monstrous doctrine. 

"The court also decides that the Ordinance of '87 had no 
force. They also decide that the power to legislate for territories 
only applied to territories held by the Union when the constitution 
was formed. This monstrous doctrine shocks every intelligent 
man. When he said these doctrines were alarming, he meant it. 
They were alarming, and monstrously so." 

" Mr. Foot said, in answer to the inquiry of the gentleman 
from Queens as to what was designed to be effected by the resolu- 
tion, that the resolution was only one of inquiry to ascertain what 
measures this Legislature can and should adopt to j)rotect the 
rights of the free citizens of this state. The committee will recom- 
mend the measures they deem proper. His (Mr. Foot's) views 
were of little moment, but he could suggest various measures 
which would be effectual. 

" The opinions of the five slaveholding judges, so far as they 
discussed and attempted to decide questions beyond the one before 
the court, viz., whether the colored man, Dred Scott, was a citizen 
of the United States, were mere political harangues, had no 
judicial authority, and were entitled to no more respect than any 
other political speech or essay. Besides, they were thrust forward 
at a time, and under circumstances, Avell calculated to distract and 
alarm the country, and for that reason deserve unqualified 
condemnation ; and if they were met and denounced by a con- 
vention of the free states of the Union, their mischief might be 
prevented. 

'• Again — Congress has power to increase the number of judges 
on the bench of the Supreme Court, and if the Kepublican party 
prevail in the Union they will be able to increase the number of 
judges, and give a majority on the bench in favor of the Con- 
stitution. 

" And again — I do not regard an amendment of the Constitu- 
tion as impossible. Missouri is moving in favor of emancipation ; 
Virginia is being forced to the alternative of bankruptcy or eman- 
cipation, and when emancipation is once commenced it Avill rapidly 
proceed, and freedom may triumph far sooner than we now 
anticipate." 



AND COLLATERAL REMINISCENCES. 325 

My children will see that some words there spoken proved 
to be almost prophetic. 

I was chairman of the committee of the Assembly ap- 
l^ointed under the resolution, and Senator Madden of the 
Senate. When the joint committee met, Senator Madden, 
who by parliamentary usage was chairman of the joint com- 
mittee, declined the chairmanship in my favor, and I was 
appointed chairman of the joint committee. I drew a report, 
which was submitted to the committee and approved by them, 
also the resolutions and the law recommended by the 
committee. 

This report Avas submitted by me to the Assembly, and by 
Senator Madden to the Senate, on the 9th of April. After 
an animated and earnest debate, which vi^as closed on the 16th 
of April, the Assembly, by a large majority, adopted the 
report, and after amending, with my consent, the first resolu- 
tion by striking out the words '■'■Let the consequences he loliat 
they may" and on my motion the last one, by inserting in the 
place of the words " Laiu above mentioned," the title of the 
act reported by the committee, passed the resolutions and the 
act as reported. 

This report, with the resolutions and law appended, is No. 
49 of " Papers Written by me." 

It is the most important paper I ever wrote. It was pub- 
lished in all the leading journals of both political parties in 
the free states, and by all, or nearly all, the Kepublican jour- 
nals in the country. It exhibited and directed the attention 
of the citizens of the free states to the extraordinary and 
alarming doctrines of the five slaveholding judges of the 
Supreme Court, and to their unprecedented and reprehensible 
course in the " Dred Scott Case." It contained the first sug- 
gestion of the only remedy in the power of the country for 
the appalling effects of these doctrines, viz., the power of Con- 
gress to increase the number of judges of the Supreme Court, 
and thus give the free states their fxir proportion of represen- 
tatives in that high tribunal, and thereby guard by future 
judicial action against a final and permanent establishment of 



326 AUTOBIOGRAPHY 

doctrines which would extend slavery over the whole country, 
and make us a great slaveholding republic. 

I have been an attentive observer of the course of events, 
and a careful reader of every important speech and publication 
on the subject of slavery, from the repeal of the Missouri Com- 
promise in 1854, till the close of the war and the great contest 
in 1865, and I am willing to say to my children, and think I 
can say with truth, and without arrogance, that no publica- 
tion, from the opening to the close of the contest, did more 
than this report, to arouse and direct the public mind to the 
dangers with which slavery threatened our country and her 
political institutions, and I now (1870) look back upon it with 
gratitude to my Heavenly Father, for allowing me to render 
so great a service in preparing the country for the fearful 
struggle which followed to abolish slavery. 

After the Legislature adjourned, I had many evidences of 
approval of my legislative acts, and some instances of heart- 
felt gratitude from persons who had received benefit, or sup- 
posed they had, from my efforts. I will mention one of them. 
I always voted for, and occasionally advocated, liberal grants 
to our state charities, and probably had advocated and suc- 
ceeded in obtaining a liberal grant for the Deaf and Dumb 
Asylum of the city of New York. When in the city in May, I 
wrote your mother a letter, dated Monday, the 25th of that 
month, from which the following is an extract ; 

" I had such an interesting afternoon on Saturday that I feel 
disposed to put an account of it on paper Avhile it is fresh in my 
memory. Saturday was a beautiful spring day. This morning is 
also delightful, and makes me sigh for Mullrose. The party to the 
Deaf and Dumb Asylum on Saturday were * * * mi^ myself. 
The ride was charming. All the officers and pupils of the Institution 
were under the impression that I had rendered the Institution a 
great service at Albany, and I was treated accordingly. There are 
about four hundred pupils. We were received on our an-ival by a 
sort of military parade by the boys. After looking over the Insti- 
tution, all assembled in the chapel. After some exercises by those 
who had been in the Institution only a few weeks, six — three 



AND COLLATERAL REMINISCENCES. 327 

young ladies and three young men — who had been in the Institu- 
tion eight years and Avere to leave soon, came on the stage, and 
having been informed who were the visitors, were requested to 
exjjress their sentiments on the occasion. Each wrote a beautiful 
composition on the blackboard, naming appropriately the visitors, 
and particularly me, to whom they expressed warm and grateful 
thanks. After each was read, I returned my thanks by an inter- 
preter. I was then requested to address the pupils, which I did, 
one of the professors interpreting by signs. My feelings were 
deeply interested, and I was never more happy in any public 
address. The large body of jjupils, male and female, listened with 
the deepest attention. There were many moist eyes, and when I 
closed an outburst of rapturous applause. When we left, they 
clustered around the carriage, and every eye was fixed intently on 
me. I never Avas more deejily aifected, and if you had been present, 
you could not have refrained from tears, not for sorrow, but 
from deep, holy, joyous, grateful feelings. Our ride home was 
pleasant" 

While in Albany, your mother, as in the year before, made me 
two visits — one early in the session, and one near the close of it. 

After leaving Albany, my profession took me from home more 
than usual. I was twice at Albany attending the Court of Ap- 
peals — five times at New York, where I was engaged on neither 
occasion less than eight days, and on two occasions over three 
weeks — three times at Eochester, and once at Ovid, Seneca 
County. 

I heard and decided this year several cases as sole referee, 
but not as many as in the year before. 

Among my professional engagements this year, there was 
one of rather an unusual character. I was in the city when 
the sudden and extraordinary financial panic of this year 
occurred. All the banks suspended specie payments. By the 
then existing laws of this state, when a bank became " insol- 
vent" it was obliged to go into liquidation under a receiver. 
The impendency of such a disaster filled the public mind with 
dismay. Legal proceedings were promptly commenced by a 
creditor of one of the prominent banks of the city to place it 
in the hands of a receiver, on the ground that a failure to pay 



328 AUTOBIOGRAPHY 

its notes in lawful money was conclusive evidence of insol- 
vency. It so happened that this bank was one of the banks 
for which I had been counsel while in active practice in the 
city, and the officers knowing I was in town, immediately 
applied to me for advice. In considering the fearful conse- 
quences of placing all the banks in the city and state in 
liquidation, it occurred to me that the " insolvency," contem- 
plated by our laws, was an actual and real inability to pay 
debts, and not a temporary delay of payment, arising from 
excited and temporary causes. This view of the subject was 
very earnestly pressed by me in opposition to the applica- 
tion to the court for the appointment of a receiver. It pre- 
vailed — was adopted by all our judges, and the community 
was saved from the disaster of a general liquidation of om' 
banks. 

The idea was started of calling an extra session of the 
Legislature, and by fresh and prompt legislation relieve the 
banks from the operation of the laws as they then stood. 
This was deemed unwise after the decision of the courts 
already mentioned, and Mr, Samuel B. Buggies and I were 
employed by the presidents of the banks in the city to go to 
Albany, present to Governor King their memorial, and enforce 
their views against an extra session of the Legislature. Mr. 
Euggles and I discharged that duty, and on our return to the 
city addressed a letter to the gentlemen who had employed us, 
giving an account of our interview with the Governor. It was 
written by me with the assistance of Mr. Euggles. As it con- 
tains a brief history of the occurrences by which the banks 
were saved from the dreadful effects of the panic, I give it 
below in a note.* 

* New York, October nth, 1857. 
To Thomas TUeston, Esq., and ether Presidents (if Banks rejn'esentecl in the 

New Torh Clearing House. 

Gentlemen : — In obedience to your instructions we yesterday ap- 
peared before His Excellency Goveraor King, at Albany, to present your 
memorial and enforce your views in respect to the proposed extra session 
of the Lesiislature. 



AND COLLATERAL REMINISCENCES. 329 

Our sons, John and Samuel C, were engaged during the 
year in New York. They made us a visit, however, of a few 

The general scope and eharacter of the public views then submitted 
to the Governor will sufficiently appear in the brief but comprehensive 
outline reported in the Albany newspapers, and copied this morning in 
the i^ublic journiils of this city. 

We deem it important, however, to add, that in addition to those 
broader and more general considerations, we also sul)mitted in detail, the 
legal, technical reasons necessaiy to show that the ^'■insolvency'''' of banks 
contemplated by existing laws and calling for the summary jprocess of 
receivers and consequent suspension of their corporate functions, was an 
actual, practical insolvency, in the common sense of the term, — and not a 
merely technical or constructive insolvency arbitrarily inferred from a 
momentary or temporally delay in paying all their obligations in coin, — 
and that the creditors of banks actually solvent, might safely and 
l)roperly be left in such cases to their ordinary remedy l^y suit at 
law. 

We deemed it important to show that this view of the case had been 
explicitly and authoritatively estaijliylied by the Sujireme Court in 
recent decisions, and also to satisfy the Governor that those decisions had 
been made in cases in court actually arising, and were in no sense volun- 
tary or extra-judicial. 

For this puii^ose we showed to liim that, in point of fact, there had 
been three separate applications for injunctions and receivers against 
three different banks, iiending before two of the judges of this district — 
two before one judge and one before another — that those judges having 
deemed the applications important, called in their associates of this and 
the Second Judicial District for consultation, as is often done in difficult 
and important cases; and that the result of their deliberations vras a 
decision by the two judges before whom the applications were pending, 
denying the motions for injunctions and receivers. This decision was in 
accordance with the unanimous opinions of all the judges present. 

As the community was deeply concerned in the questions thus 
decided, the judges very wisely and j^roperly stated the propositions on 
wliich those d(.cisions were founded, and allowed a report of them to be 
published. 

In this they did no more than has been often done by the old Court 
for the Correction of Errors and the present Court of Appeals, viz., jjass 
resolutions in important cases of pul;lic interest, declaring the princijilea 
settled in the case decided, and allow them to be reported and piiblished. 
Since the announcement of these propositions. Judge Roosevelt, on 
the application made to him for an injunction and receiver against the 



330 AUTOBIOGRAPHY 

weeks in July. Alfred was at school in Watertown, Conn., 
unci Lawrence at South Williamstown, Mass. Our two eldest 
daughters passed the year at home, except when absent on 
visits. The rest of the children who were old enough, 
attended school in Geneva. 

My religious duties at Albany were discharged in the same 
way they were the year before, and as I mentioned in my 
account of that year. 

Some extracts from my diary will show my spiritual state, 
and my progress, if any, in holiness : 

Monday, January 5th. On leaving home for Albany. — " Gra- 
cious God, be with me and assist me in the discharge of my 
duties. May I discharge them Avith a single eye to thy glory, and 
the good of my fellow-men. I commit my companion, children, 
and family to thy fatherly care — watch over and preserve them, I 
entreat thee, and permit me to join them in the spring in peace and 
safety," 

Thursday, February 12th. — " Yesterday was a most interesting 
day. The Governor, by his veto message, sustained my course in 
the Assembly on the Supply bill, and honest legislation tri- 
umphed. For this I return thanks to Him who overrules all 
things." 

Friday, June 5th. — " The day was a happy one. Our daughter 
Mary communicated her intention to join the church to her 
mother and me. This was in the forenoon. She had already had 
an interview with our pastor. My interview with her after her 
intention was declared was delightful. Hers seems to be a clear 

Bank of New York, has denied the motion, and Is preparing, as we 
understand, his reasons in full for his decision. 

After presenting these and other facts and views to the Governor, we 
respectfully asked for an expression of his opinion on the subject. He 
was pleased to say, in answer, that he had " listened, with pleasure and 
advantage, to the reasons presented in l:)ehalf of the leading banks of the 
city of New York," but that he was not prepared, at present, to do more 
than to hold the question of an extra session in reserve. 

Respectfully, your very obedient servants, 

Samuel A. Foot, 
Samuel B. Ruggles. 



AND COLLATERAL REMINISCENCES. 331 

case of genuine conversion, gradually accomplished. The change 
has heen gradual though perceptible. The work of grace has been 
single and effectual. Her determination to acknowledge her 
Saviour openly was stimulated by no exterior influences. It arose 
from an inward holy purpose, wrought by the grace of God. Her 
examination in the afternoon by the pastor and elders was happily 
and beautifully sustained and most acceptable to me." 

" God, I thank thee for thy merciful dealings Avith me ; and 
especially for drawing my dear daughter into thy fold — complete, 
I entreat thee, the work of grace so happily begun in her heart, 
and prepare her for the duties of this life and for thy holy 
presence. I ask all for Jesus' sake." 

Memorandum. — This prayer Avas answered. She lived in 
accordance with her profession, and died this year (1870), on the 
13th of August, as a Christian wife and mother should, calmly, 
confiding in her Redeemer, and yielding her life fi-eely to the will 
of Him who gave it. 

Wednesday, July 1st. — " This is the twenty-third anniversary 
of Mrs. Foot's and my marriage. We have been spared through 
the mercy of our God to this time, and been permitted to live hap- 
pily and prosperously. Our children all give promise of useful- 
ness. Indeed, our blessings are without number, and, gracious 
God, I desire this morning to record my deep and heartfelt thanks 
to thee for giving me my dear companion, and crowning our 
union with so much happiness and so many blessings." 

Sunday, July 12th. — " I came near being killed yesterday. A 
plank thrown from a scaffold, erected to repair one of my out- 
buildings, struck me directly on the top of my head, and had not 
the end struck the ground so as not to give me a full blow, I 
should doubtless have been killed. Truly, in the midst of hfe we 
are in death. God, I thank thee for preserving my life." 

Thursday, November 2Gth. — " This is Thanksgiving day, and I 
desire to record my deep and sincere thanks to my Heavenly 
Father for all his kind and merciful deahngs with me and mine 
during the past year, and especially for the abundance of food 
yielded by the piece of His earth allowed to me. Gracious God, I 
commit myself and all dear to me to thy holy and watchful care — 
pardon my sins and accept of me and mine for Christ's sake." 

Thursday, December 17th. — "This is my birthday. I am 



332 AUTOBIOGRAPHY 

sixty-seven years of age. In the eyes of the world, and in fact, I 
am an old man. Yet through the merciful dealings of a kind 
Providence, I have not yet felt the approaches of old age. My 
health is good, my faculties unimpaired so far as I perceive. I 
acquire knowledge as readily and enjoy its acquisition as much as 
ever. To thee, God, am I indebted for all these blessings, and 
with a grateful heart record my thanks for them. Oh help me to 
prepare for thy presence, which I must soon enter. I ask it for 
Christ's sake." 



1858. 

This year was materially different from the .two preceding, 
both in respect to the manner in which my time was employed, 
and the changes and occurrences in the family. Your brother 
John, with my aid, had acquired a large practice for one who 
was only in the second year of his profession. Many of the 
suits in which he was employed were important, and were no 
doubt brought to the office under the expectation that I would 
take an active part in conducting them. To meet this expec- 
tation, my presence in the city often, and for weeks at a time, 
was required. My presence there, engagement in the courts 
at the hall, and my qualified partnership with Mr. Curtis, 
brought numerous retainers to me, beside those in suits in 
wliich John was the attorney. These various and numerous 
professional engagements obliged me not only to be often in 
New York and pass a large portion of my time there, but also 
to be occasionally at Albany before the Court of Appeals, I 
made no less than eight journeys to New York, and several to 
Albany, and passed in those two cities, but mainly in New 
York, full five months, which, together with two days at 
Eochester, two at Ovid, Seneca County, two at Watkins, 
Schuyler County, and time spent in professional studies and 
investigations at home to prepare myself for arguments at 
Albany and New York, took far more than half the year. I 
heard and decided this year only two causes as referee. The 



AND COLLATERAL REMINISCENCES. 333 

hearing in one of them was at Ovid, and in the other at 
Watkins. 

The only cessation from labor for recreation which I had 
during the year, beside a day or half a day now and then dur- 
ing the summer spent in fishing with some of my sons, was a 
visit of a few days near the close of August to my only sur- 
viving sister, Mrs. York, at Ogdensburgh. My daughter Mary 
and my son Thomas were with me. We were absent from 
home only eight days. 

Early in June I went to Newark, New Jersey, to attend a 
meeting of the General Synod of our church, to which I was a 
delegate from the Chassis of Geneva. I spent eight days there, 
and took a part in the proceedings. On the invitation of the 
Hon. Joseph P. Bradley, now (1870) an Associate Justice of 
the Supreme Court of the United States, I was a guest at his 
house. My time was passed most agreeably, and I hope 
usefully. 

On the 2d of July, my son, Samuel C, had a hemon-hage 
from his lungs caused by imprudent lifting, and came home 
the next day. His brother John came with him. He im- 
proved in health, and was apparently getting well. But early 
in September he took a severe cold from exposure on the lake, 
and had a return of the hemorrhage. He was quite ill for 
some weeks. It was decided that he should go West into the 
dry and light atmosphere of the Western prairies, and having 
acquaintances in the vicinity of Lawrence, in the state of Kan- 
sas, that locality was the place fixed upon for his future 
residence. 

I left home with him on the 21st of September. We went 
a circuitous route, viz., to Suspension Bridge, through Canada 
to Detroit, Chicago, Davenport, Iowa, down the Mississippi 
to St. Louis, by raih'oad to Jefferson City, from there by 
boat up the Missouri river to Leavenworth, Kan., and by post- 
coach to Lawrence. We did not ride by railway at night, and 
stopped several days at Davenport. Samuel C. grew better 
daily, and by the time we reached Kansas seemed to be quite 
well. I left him in the family of a friend, and came directly 



334 AUTOBIOGRAPHY 

home by the way of Leavenworth, Jefferson City, St. Louis, 
Cincinnati, and Buffalo. I reached home on the 14th of 
October. 

My diary contains a full account of this journey, of the per- 
sons met with, and of the interesting incidents which occurred. 
It proved a fortunate one for Samuel C, for he entirely 
regained his health. 

While in New York and Albany, my time not demanded 
by my profession was spent in social duties and enjoyments 
and general reading, and at home, in the same way and in 
domestic matters, affairs of the church, attention to our chil- 
dren, playing backgammon, drafts, and chess, and riding with 
them and your mother. She and I rode on horseback quite 
often this year. 

Alfred was examined and entered Union College in July, 
and in September commenced his collegiate course. Lawrence 
remained at school in South Williamstown. Robert Ebenezer 
and Thomas attended Dr. Eeed's school. The other children 
who were old enough, attended schools in the village. 

There remains only one other occurrence of the year to be 
especially mentioned. That was an important one, and 
enabled me to render a valuable service to the country in aid- 
ing the cause of freedom and the abolition of slavery. 

There was in this village an association of gentlemen 
organized under the name of "The Geneva Literary and 
Scientific Association," of which I was a member. The Asso- 
ciation met fortnightly at the residences of the members, and 
at each meeting, a member previously designated read a thesis 
on a subject also previously designated, as I have heretofore 
mentioned. The Association was to meet at my house on the 
evening of the 28th of December, and I was to read a 
thesis. 

During the whole of this year, the subject of slavery, and 
the opinions of the Judges of the Supreme Court of the United 
States in the " Dred Scott Case," occupied the public mind, 
and I saw that there was wanted a brief, clear, and fair expo- 
sition of that case, free from professional technicalities, for 



AND COLLATERAL REMINISCENCES. 335 

the general reader and the popular mind, I determined early 
in November to undertake the preparation of such a paper, 
and proposed it as my thesis before our Association. It was 
approved. I devoted a good deal of time, snatched from other 
duties, to it, wrote it with great care, and read it before the 
Association on the evening of the 28th of December. It was 
received with great flxvor, and the Association, contrary to their 
usual course, determined to publish it. It was printed in 
New York in January, 1859, with the following title page : 

An Examination of the Case of Deed Scott against Sand- 
ford, in the Supreme Court of the United States, and a 
Full and Fair Exposition of the Decision of the Court, 
and of the Opinions of the Majority of the Judges. Pre- 
pared at the request of, and read before " The Geneva 
Literary and Scientific Association," on Tuesday Even- 
ing, 28th December, 1858. By Hon. Samuel A. Foot, 
LL.D., late Judge of the Court of Appeals. Published 
by order of the Association. Geneva, N. Y., Jan- 
uary, 1859. 

It is No. 50 of " Papers Written by me." 

A large edition of it was printed, and copies of it found 
their way over the country, and especially in the free states. 
It was noticed and commended extensively by the public jour- 
nals in those states. A few of those notices by journals in our 
state are appended to it. 

It aided materially to enlighten the popular mind, and 
prepare it for the great struggle which began two years after- 
wards, to wipe out the foul blot of slavery from our national 
escutcheon. 

My hours for private and family devotions, for religious 
reading, for the religious instruction of my children, my man- 
ner of spending the Sabbath, my prayers for the preservation 
of myself, my companion, children, and family whenever I left 
home, my thanks on my return for such preservation, my 
prayers for the conversion of my children, have been for years, 
and have continued to be, so uniform, that I shall hereafter 



336 AUTOBIOGRAPHY 

only mention marked deviations, if any, from them, and 
special occasions. My children will find in my diary many 
recorded ]3rayers and thanks to my Heavenly Father which 
relate to them ; also in the correspondence between their 
mother and me. 

December 23d, Thursday. On my return from the city after 
an absence of some weeks. — " I found my family well and happy. 
To thee, God, do I return my thanks for thy kind dealings with 
me and mine. The birthdays of Mrs. Foot and myself have 
occurred during my absence, hers on the 15th and mine on the 
17th instant. God has graciously spared our lives for another 
year. Would that mine own had been more usefully spent. 
Father of all mercies, if consistent with thy holy w411, permit me 
and my dear wife to continue instruments in thy hands to bring 
up the children thou hast given us in thy fear. Spare their lives 
and draw them to thyseh*. I ask it for the dear Eedeemer's 



January 1st, 1859. — "The preceding, with the correspondence 
referred to in it, shows how I have passed the year. Like the close 
of every year, I feel my deficiencies, and was a just God to deal 
with me according to my deserts, I should be driven from His pres- 
ence and cut off as a cumberer of the earth. But my Heavenly 
Father is merciful, and in the plentitude of His love bears with me 
and withholds deserved chastisements. I thank thee, God, for 
thy merciful dealings with me the past year ; for the preservation 
of myself, my companion, and our children, for the happiness and 
prosperity we have enjoyed, and for our spiritual privileges. Wilt 
thou take me, my companion, and oar children into thy holy 
keeping, and do more and better for us than we can think or ask 
during the year on which we have entered. I ask it for Christ's 
sake." 

1859. 

This year varies in several respects from previous years. 
My professional engagements -were almost wholly in the city 
of New York, and were mainly in causes in which my son 
John was the attorney, and which were conducted by him and 



AND COLLATERAL REMINISCENCES. 337 

me. I attended the Court of Appeals at Albany only twice 
during the year, viz., at the January and September terms, 
and on each occasion only a few days — in January to argue 
one cause, and in September, two. These and one day early 
in September at Eochester, to argue a cause before the Su- 
preme Court, were the only professional engagements I had 
out of the city of New York. But my engagements there 
were numerous and important. I made seven journeys to the 
city and passed one-third of the year there, and while there 
was constantly occupied. Professional reading and studies at 
home required only a very small portion of my time in com- 
parison with time thus occupied in previous years. 

This year I neither wrote anything for publication, nor 
made a public address; and the only public duty I discharged, 
was attending the Republican convention held in Syracuse 
early in September, to which I was a delegate. My object in 
attending it was to promote the nomination of my nej)hew, 
Henry E. Davies, then a Judge of the Supreme Court, for the 
office of Judge of the Court of Appeals, and of my friend, 
Charles G. Myers, of Ogdensburgh, for the office of Attorney 
General. Both nominations Avere made, and the nominees 
were elected at the following election in November. 

I allowed myself this year two tours for rest and re- 
creation. 

Mrs. Foot and our daughter Mary went with me to New 
York early in January. After passing a fortnight there, I in 
business, and they in visiting our relatives and friends, we 
went to Washington, where we spent nearly three weeks very 
pleasantly. We met many friends and acquaintances, and 
made a number of new ones. All were attentive to us. We 
visited a good deal, and attended several fashionable parties. 
We also looked at everything of interest in Washington. 

My children will find a full account of our visit in my 
diary. 

Near the close of July I left home with my daughters 
Euphemia and Mary for a tour to the White Mountains in 
New Hampshire. We went to Rochester and there took a 
22 



338 AUTOBIOGRAPHY 

steamer for Ogdensburgh, where wo stopped several days, to 
visit my sister York and other relatives. From there we went 
in a steamer down the St. Lawrence, through all the rapids to 
Montreal. After passing a couple of days there in sight-see- 
ing, we went to the White Mountains by the way of Gorham 
on the Androscoggin river. From Gorham we followed the 
Peabody river in a post-coach to the Glen House, where we 
passed several days. While there we went to the top of 
Mount Washington. From the Glen House we went round 
the mountains to the Crawford House and Profile House, at 
each of which we spent a day. From the latter we went to 
Burlington,Vermont, and from there through Lake Champlain 
in a steamer to Ticonderoga, then by post-coach to Lake 
George, From the head to the foot of that lake in a steam- 
boat, and stopped at the Fort William Henry Hotel. There 
w^e passed a couple of days. Then came home by the way of 
Saratoga Springs and Schenectady. We reached home on the 
16th day of August, after an absence of three weeks. This 
tour was charming. We met at several jioints agreeable 
acquaintances. Nothing occurred to mar our pleasure, and 
every day brought new and additional enjoyment. 

A full account of this tour will be found in my diary. 

My time at Geneva this year, besides the small part 
devoted to professional reading and studies, was occupied in 
social duties, general reading, domestic matters, affairs of the 
church, instructing my children, riding with them and their 
mother, and joining them in fishing and other amusements. I 
heard Alfred recite daily during his vacation in April a lesson 
in Greek, Latin, and Algebra. At the close of that vacation 
his mother and I consented to his relinquishing the acquisi- 
tion of a liberal education, and to his entering a mercantile 
house in the city to prepare himself for that pursuit. He 
took his dismission from college on the 29th of April, and 
commenced the study of German, which he pursued till the 
end of June, when he went to New York and commenced a 
clerkship in the mercantile house of which my friend, Wilson 
«G. Hunt, was the principal. 



AND COLLATERAL REMINISCENCES. 339 

John devoted himself to his profession this year. Samuel 
C. pm'chased a small farm in Kansas, and was engaged in cul- 
tivating it. Lawrence and Eobert E. were at school in South 
Williamstown, Mass. ; Thomas at Dr. Eeed's, and the other 
children in Geneva, 

A couple of extracts from my diary of a religious character 
will close the account of the year : 

Monday. September 5th. — "Spent my Sabbath yesterday as 
usual in Geneva. We had communion in the morning. The ser- 
vices were delightfully conducted by our pastor. I greatly enjoyed 
them. * * * Gracious God, help me to live nearer to thee 
hereafter than I have hitherto done. This I am resolved to do, 
and ob, give me grace to keep my resolution ! " 

Sunday, January 1st, 1860. — "The preceding record shows 
how my year has been passed. 

" Were I to be judged by my Heavenly Father according to 
the standard of Christian duty prescribed in His holy word, His 
righteous judgment would condemn me, and drive me from His 
presence forever. I turn from this unhappy view of my condition 
to my blessed Saviour, and trusting in the atonement he has made 
for my sins, I hope through him to be forgiven and reconciled to 
my God and Father. If consistent with thy holy will to spare my 
life for another year, enable me, God, to spend it more usefully 
and more in accordance with thy holy will." 



1860. 

This year brought with it longer absences from home, a 
greater amount of professional labor, disappointment in my 
hopes of the future, and anxiety of mind. 

My son, John, when at Geneva in December, 1859, making 
us a Christmas visit, took a cold, which hung upon him all 
winter, and produced a constant cough. As spring ap- 
proached, the cough did not abate, and early in March, having 
some professional business in Georgia, he went there, attended 
to the business, and then spent several weeks with some 



340 AUTOBIOGRAPHY 

friends of ours in tliat state. He returned in April. His 
health improved by this change of climate and relaxation from 
business, — still his cough continued, though somewhat less 
violent. The summer came, and his cough not being any bet- 
ter, he concluded to go West, close up some matters of busi- 
ness for his brother, Samuel C, who left Kansas and came 
home in June, and then go farther West on to the prairies, 
and hunt buffalo and other game for a few weeks. This he 
did. He left for Kansas early in August and returned in 
September. While West his health improved and his cough 
abated. But on coming back to the city, his cough returned 
with increased violence. On consulting a physician, he was 
advised to leave the city and take up his residence at the 
West on the prairies. This advice he followed. He left the 
city near the close of October and passed the winter in West- 
ern Missouri. 

His illness and absence cast a large amount of professional 
labor upon me — disappointed all my plans and hopes, which 
rested on his residence, usefulness, and distinction in the city, 
and filled me with anxiety. 

More than seven months of this year were passed in the 
city, and the whole time was given to my profession. While 
there, my engagements took me a few times to Albany, to 
argue cases before the Court of Appeals, and once to Owego, 
to argue a cause in the Supreme Court. While at home some 
portion of my time was also necessarily devoted to professional 
business, studies, and reading. 

Your mother went twice to the city with me, and passed 
several weeks each time with me there. 

My evenings in the city and a large part of my time at 
home were given to social duties. General reading, domestic 
matters, instruction of my children, joining in their amuse- 
ments. The affairs of the church also required and received 
portions of my time. 

Two occurrences this year made inroads upon my time. 
A store which I owned in the city was destroyed by fire on the 
29th day of December, 1859. The re-building of it required 



AND COLLATERAL REMINISCENCES. 341 

attention, and some of my time during the first four months of 
the year. On tlie 2d of May I was attacked by severe illness, 
and Avas unable to attend to business during the whole of that 
month, and only to a limited extent during the month of June. 
This sickness was so strange and unexpected, that I will give 
an account of it as entered in my diary in the handwriting of 
your mother : 

Tuesday, May 29th. — "Spent Wednesday the 2d of this month 
reading, writing letters, and superintending work on my place. 
In the evening went to lecture with Mrs. Foot. Before going to 
church felt somewhat unwell, trembled and felt chills, also as if I 
had a thorn in the second lobe of the middle finger of my right 
hand. While at church my trembling and chills increased. Soon 
after my return, excruciating pain commenced in my finger, hand, 
and arm, trembling and chills increased, with severe sickness at 
the stomach and violent vomiting. The pain was so severe as to 
deprive me for a few hours of my reason. Doctor B., who attended 
me, opened my finger that night, and the next day again in two 
other places, and the day after in two places more. He also 
opened my arm near the elbow. From that time to this he has 
almost daily performed operations on my finger and hand. My 
arm is now nearly well, but my finger and hand are still in a bad 
state. The Doctor has removed my finger to the first joint, and 
to some extent below it, so that if my finger gets well it will be 
only a stump. A few days after my attack, my general health be- 
came good, and has remained so ever since. I have suffered a 
gi-eat deal of pain in the almost daily operations. 

" I have been able to read but little, and to do little more than 
dictate necessary business letters, and give some attention to 
work going on upon my place. Until within the last two or three 
nights, my rest has been more or less disturbed. 

" This illness has kept me from my duties and business in the 
city, and will cause me considerable pecuniary loss. 

" This dispensation came suddenly upon me, and apparently 
without cause. The chastisement, I know, is inflicted by my 
Heavenly Father's hand in mercy and love, and I pray that it may 
be sanctified to me and mine. 

"I am now so much better that I hope to resume my daily 



342 AUTOBIOGRAPHY 

reading and pay my usual attention to tlie duties I owe my chil- 
dren and family." 

The presidential election this year appeared to me to in- 
volve, as the result showed it did, our national existence. I 
did what I could to secure the election of the Republican can- 
didates. Among other acts I presided at two political meet- 
ings held in this village — one on the 27th day of July, and the 
other on the 30th day of October. At the former, it being 
the first meeting held, and the opening of the political cam- 
paign in this section of the state, I delivered a short address 
which I had prepared for the occasion. It was published; and 
as it shows my views of that great contest it will be found 
among " Papers Written by me," being No. 51 of those 
papers. I also delivered a full address on the evening of the 
25th of September, in the city of New York, before the 
" Young Men's Republican Union." The audience was large 
and the address well received. It was favorably noticed in 
the public journals, but I spoke only from brief notes, and on 
the general topics involved in the contest. There was noth- 
ing in it of special interest. 

Samuel C. having recovered his health in Kansas, and pre- 
ferring a mariner's life to farming, came home in June as 
already mentioned, and after a visit of a few weeks went to 
sea. 

Our daughters, Euphemia and Mary, passed the year at 
home, each, however, making a visit of several weeks to our 
relatives in the city and New Jersey. Alfred continued his 
clerkship in the city. Lawrence worked on the farm. Robert 
E. and Thomas were at school in South Williamstown, and 
all the younger children at school in this village. 

I had only one brief relaxation from business while in 
health sufficient to attend to it. 

Being able early in June to resume business to a limited 
extent, I went to the city accompanied by your mother. We 
did not take lodgings in the city, but went to Millburn, N. J., 
and staid a fortnight with your aunt Eliza. I went daily to 
the city. We then went to Weston, N. J., and remained 



AND COLLATERAL REMINISCENCES. 343 

there with our relatives and friends, Mr. and Mrs. Cornell, till 
the beginning of July, Avith the exception of a week which 
we spent in an excursion to Bethlehem, Pa., where we passed 
a few days. Your mother, in her youth, spent several years at 
the " Moravian Seminary for Young Ladies " at that place. 
She found several of her teachers still living, and had interest- 
ing interviews with them. We were there on the Sabbath, 
and present at one of their "Love Feasts." Your aunts, 
Eliza and Catharine, accompanied us. Your aunt Eliza was 
also educated at that Seminary. 

I will close the account of the year with two extracts from 
my diary : 

Wednesday, April 25t]i. On my return home after several 
weeks of absence in the city. — " I have been prospered in my busi- 
ness ; having argued several important causes, and been allowed 
full health and the full use of my faculties. I thank thee, Heav- 
enly Father, for these temporal blessings, and for thy care over my 
companion, children, and family during my absence. Nor do I 
forget, and I desire to record my thanks to thee for the spiritual 
privileges I and mine enjoy. Pour out tliy spirit upon us, and 
may parents and children all be draAvn to thee, and become joint 
partakers of the redemption purchased by the Saviour for sinful 
and fallen man." 

Saturday, December 29th. After an absence of nearly a month 
and in my account of the time while away from home. — " On the 
15th day of this month Mrs. Foot reached the age of fifty -two and 
entered on her fifty-third year. On the 17th day of the month I 
became seventy years of age and entered on my seventy-first year. 
I have thus reached the age of man. My faculties of mind and 
body appear to be unimpaired. My health is good and so is Mrs. 
Foot's. To thee, God, are we indebted for these blessings, and 
I desire to express and record my thanks for them." 



344 AUTOBIOGRAPHY 



1861 



The new year of 1861 found me actively engaged in my 
profession in the city of New York, where I was detained up- 
wards of a fortnight. Five months and a half of this year 
were occupied in the same way, and I was obliged to make seven 
journeys to the city. I also went three times to Albany, and 
was there several days on each occasion attending the Court 
of Appeals. The liearing of some cases as a referee took me 
twice to Schuyler County, and three times to Rochester, and 
altogether took up nearly a fortnight of my time. The rest of 
the year was passed at home, except a few days in May spent 
in a journey to Washington, and a few days in November in a 
second journey to that city. 

My time at Geneva, and my evenings when away from 
there, were employed mainly in the same way they were the 
previous year. There was, however, this marked difference. 
This year " The Slaveholders' Rebellion " took head and lev- 
ied war against the G-eneral Government, and thus began the 
fearful conflict of arms which continued for four years. Feel- 
ing that all I had, and all I Avas, had been acquired, given, 
and preserved under the protection of our benign Government, 
I resolved to resist, to the utmost of my power, this wicked 
attempt to destroy it, and take the life of the nation. My age 
prevented me from taking an active part in the field, but all 
my influence and all my money, not needed for the actual 
wants of my family, were fully and freely given to the support 
of the Government. Truth, however, requires me to say, in 
this connection, that I never doubted tlie final success of the 
Government, and that the United States would pay back to 
me all the money, principal and interest, which I was able to 
lend them. 

The deep interest I felt in the contest occupied a largo 
portion of my thoughts, induced me to read more fully than 
ever before the jiublic journals, and to engage in an active and 



AND COLLATERAL REMINISCENCES. 345 

extended correspondence to aid and stimulate the efforts of 
others to aid the Government. 

My three eldest sons were of sufficient age to bear arms. 
While I resolved, and kept my resolution, to say nothing to 
either of them to induce them to enter, or deter them from 
entering, the army, and to leave them entirely to their own 
views of duty, it yet gave unspeakable pleasure to see that 
they did not hesitate as to their duty, but each one improved 
the first opportunity to enter the military service of their coun- 
try, and avowedly to aid in suppressing the rebellion. 

Alfred, my third son, though not yet of age, had the first 
opportunity to move. He was a clerk, as heretofore men- 
tioned, in a mercantile house in the city of New York. He 
determined at once to help put down the rebellion. His first 
effort was through his cousin. Captain, afterwards Admiral A. 
H. Foote, then stationed at the Brooklyn Navy Yard, to 
obtain service in the navy ; but learning from his cousin, that 
being a landsman, he would have no oj)portumty for active 
service in the navy, and advised by him to join some of the 
regiments about to be called into service, he joined the Sev- 
enth Kegiment on the 18th of May, and went with it the next 
day to Washington. The regiment was relieved from duty, 
after a few weeks of service, and returned to New York. 
Alfred, having had no active service, was not satisfied with 
the little he had done towards suppressing the rebellion, and 
asked my permission to apply for an appointment in the regu- 
lar army, intending to resign v/hen the rebellion was subdued. 
I gave the permission asked. He applied and was appointed 
a first-lieutenant in the 14th infantry, and ordered on recruit- 
ing service. 

Early in the spring of 1861, John, having recovered his 
health, determined to settle at Red Wing, Minnesota, and 
resume the practice of his profession. He made arrangements 
for a partnership with a prominent lawyer of that place, but 
the President's call for volunteers having appeared, he con- 
cluded to help put down the rebellion before perfecting the 
partnership and commencing business. He took a captaincy 



346 AUTOBIOGRAPHY 

and raised a company in the Second Minnesota Kegiment of 
volunteers. Spent the summer at Fort Snelling with his 
comi3any, and tlie last part of the autumn and the month of 
December with his regiment in Kentucky. 

Samuel C. returned from sea in July, and immediately 
determined to enter the navy and help put down the rebellion. 
He was examined by his cousin, Captain Foote, already men- 
tioned, who considered him qualified lor the position of master ; 
but I thought him too young for such a responsible position, 
and asked his appointment as master's mate. This was given 
him on the 1st of September. He was ordered on board the 
gunboat " Stars and Stripes," and served on her in the waters 
of North Carolina the rest of the year. 

The positions of these sons, correspondence with them, and 
with others concerning them, engaged many of my thoughts, 
and required no inconsiderable portion of my time. 

Anxious to see how my son Alfred was situated at Wash- 
ington, and observing that many of the cadets at West Point 
from the South had proved recreant, resigned and joined the 
rebellion, I concluded to go to Washington, take my son Law- 
rence with me, visit Alfred, and offer Lawrence to the Govern- 
ment for a cadetship, though not solicit his appointment, as I 
was able to educate my own sons. Being in New York, I sent 
to Grcneva for Lawrence. He came on the morning of the 7tli 
of May, and in the afternoon we left for Washington, where 
we arrived the next day — went to the camp of the Seventh 
Regiment, and found Alfred well and happy. I called on Mr. 
Seward, Secretary of State, who kindly arranged a call for me 
on the President the next day. Taking Lawrence with me I 
called at the White House the next day, the 9th of May, a 
few minutes before 1 o'clock p.m. Mr. Lincoln expected me, 
and received me kindly. We had just commenced conversa- 
tion when Secretaries Seward, Chase, Cameron, and Smith, 
and the Attorney General Bates came in. Mr, Lincoln said to 
me, " Please excuse me, Mr. Foot, for a few minutes." What 
followed is an incident of interest in the great struggle upon 



AND COLLATERAL REMINISCENCES. 347 

which the country was then entering. I will give it exactly 
as it occun-ed : 

Mr. Lincoln said : — " Gentlemen, something has occurred 
this morning, which I am in doubt about, and I have asked 
jou to call and give me your views. Senator Chandler has 
been here this morning, and says, there are five thousand men 
in Michigan more than her quota, organized and armed and 
anxious to enter the public service to put down the rebellion. 
There are in the other states twenty thousand more in the 
same condition. Now what shall we do with these twenty-five 
thousand men? Shall we disappoint them and send them home, 
or shall we gratify them and take them into service ? We 
must not forget, they are a part of the people on whom we are 
to rely." This led to a full discussion of the state of the coun- 
try, the probable strength and duration of the rebellion, and 
the number of troops which would be required to subdue it. 
Among other suggestions which were considered, was the issu- 
ing of another proclamation calling for twenty-five thousand 
more troops. This was not approved, as it would look as if 
the Government were alarmed, or bragging. Mr. Chase, Secre- 
tary of the Treasury, in addition to other views which he 
presented, remarked, "That there were no funds provided for 
the payment of these troops, and Congress might hesitate to 
provide for more than the seventy -five thousand already called 
for." Mr. Seward, who had taken no part in the discussion, 
but had sat listening attentively to it, finally said, " Suppose 
the Secretary of War just quietly takes them into the public 
service without anything being said about it. If they are not 
wanted, and the rebellion is jiut down without them, Congress 
will no doubt freely pay them ; and if they are wanted, then 
all will be glad they are on hand." This suggestion was ap- 
proved and acted on, and has never been alluded to, so far as 
I have observed, in any public journal or document. For my- 
self, I regarded it as strictly confidential, and never mentioned 
it till several years afterwards. 

One thing I noticed in this discussion, which gave me the 
highest gratification, and that was, that while Mr. Lincoln 



348 AUTOBIOGKAPHY 

only now and then made a remark, the remarks he did make 
showed a reach of intellect, a comj)rehension of the condition 
and Avants of the country, and a knowledge, which seemed 
intuitive, of the measures which true policy required, far 
beyond those of any member of his cabinet, who took a part 
in the discussion ; and when I left the White House that day, 
I felt a perfect assurance, that the country was in safe 
hands. 

Another incident also occurred, which raised Mr. Lincoln 
in my estimation. 

As soon as Mr. Seward's suggestion was adopted, several 
of the gentlemen left ; but General Cameron, the Secretary of 
War, remained. I was acquainted with him, and thought it 
a convenient and favorable opportunity to mention my object 
in bringing Lawrence to Washington. I did so. He looked 
at Lawrence, spoke to him, and turned to Mr. Lincoln and 
said, "Judge Foot has brought one of his sons here, and 
would like to have him sent to West Point in the place of 
some of the rebels who have left there. There he is (pointing 
to Lawrence) — a bright-looking chap — suppose you give him 
the appointment at once." Mr. Lincoln thought for a few 
seconds and then said, " There are a number of pressing appli- 
cations for West Point. I have partly promised some of 
them. I must think of this, but will remember it." He then 
called his secretary and told him to take Lawrence's name, 
age, and address, and place him on the list of candidates for 
West Point. I afterwards saw General Totten, the head of 
the Engineer Corps and of West Point under the Secretary of 
War and President, and found there Avere a large number of 
ajDplications for appointments of cadets, certainly more need- 
ing, and probably more deserving, the favor of the Government 
than mine for Lawrence. This showed how thoughtful and 
just Mr. Lincoln was, in the discharge of every duty. 

The Second Minnesota Regiment having been ordered to 
Kentucky, my son John, as well as myself and his mother, 
was anxiovis about the effect on his health of the exposure of a 
winter's campaign in the humid and variable climate of Ken- 



AND COLLATERAL REMINISCENCES. 349 

tucky. At liis request I went to Washington in November to 
obtain liis transfer from the volunteer to the reguhxr service, 
and an order to place him on duty for the winter in a more 
favorable climate. General Cameron, the Secretary of War, 
regarding my request as reasonable, was willing to grant it, 
but there was no vacancy in the regular army above a lieuten- 
ancy. This he offered my son, but fearing John would not be 
willing to accept a lower grade I declined it, and the more 
willingly, because the Secretary kindly offered to give him the 
first vacant captaincy which occurred. But as the sequel 
will show, none occurred in time to relieve him before an im- 
pending battle rendered it impossible for him to withdraw 
honorably from his regiment. 

I discharged a few duties this year of a public character. 

Judge William Kent, the only son of the distinguished 
jurist, James Kent, died early in January. A meeting of the 
bar was held at the City Hall, in the city of New York, on 
the 12th day of that month, to testify their sorrow for his 
death, and their love and respect for his memory. My pres- 
ence m the city, and intimate relations with him in life, being 
known to the members of the bar, I was requested to second 
the adoption of the resolutions to be offered, and deliver an 
address. I did so, and wrote the address before delivering it. 
It was published with the proceedings of the meeting, and is 
No. 52 of " Papers Written by me." 

Early in June, the congregation of our church determined 
to raise our national flag over it. A handsome one was pro- 
cured and a flag-staff erected on the roof On the 4th of June 
a large meeting assembled in the street adjoining the church, 
to take j)art in and witness the transaction, I was appointed 
chairman, and on taking the chair delivered a short address. It 
was written, and with the other ])rocecdings of our meeting 
published in our village paper. It is No. 53 of " Papers Written 
by me," and shows my views and feelings on the great conflict 
into which the country had been drawn by the rebellion, 

I also presided at a meeting held in this village on the 
evening of the 24th of August to stimulate efforts in fovor of 



350 AUTOBIOGRAPHY 

maintaining our national Union. The meeting was addressed 
by Senator Pomeroy of Kansas. I made a short extempore 
address on taking the chair. 

Our daughters, Euphemia and Mary, spent the year at 
home, with the exception of a visit or two made by each of 
them to our relatives in New York and the vicinity. Mary 
also spent a few weeks in August with some young friends in 
Litchfield, Conn. Lawrence pursued his studies at home till 
September, when he entered a classical school at Peekskill. 
Robert E. worked on the farm. Thomas and Greorge were at 
school at South Williamstown, Mass. The younger children 
attended schools in Geneva. 

An extract or two from my diary will close the year : 

Monday, July 15th. — " Last evening had evidence that one of 
my sons, Robert E., was touched by the Spirit of God, and about 
to turn to the Saviour. God, I thank thee for this special 
favor — perfect the conversion of this dear son, I entreat thee." 

Sunday, December 15th. — "This is Mrs. Foot's birthday. 
She is to-day fifty-three years of age, is in full health, and the en- 
joyment and use of all her faculties. I thank thee, God, for her 
spared life and health, for the precious gift of her companionship, 
and the happy life we have been permitted to live together." 

Tuesday, December 17th. — " This is my birthday. I have 
attained the age of seventy-one years. God, how good thou hast 
been to me. I can only record my gratitude and thanks." 



1862. 

This was a year of bereavement and mourning. My two 
eldest sons died in the service of their country — one in the 
army, in the month of March, the other in the navy, in the 
month of June. 

Before giving an account of their deaths, it seems proper, 
that in a history of myself and my family, the jDOsitions which 
these sons and I held before the public should be stated. 
These will most correctly appear by giving extracts from a 



AND COLLATERAL REMINISCENCES. 351 

couple of the public journals of the day, similar notices of us 
having appeared in several others : 

" Hon. S. A. Foot, an old and influential citizen of our village, 
has three sons in the present war. One Avas captain of a company 
in the late battle of Somerset, in Kentucky, and had two men in 
his company killed, and two Avounded. Another son accompanied 
the Burnside Expedition, while the third is engaged in this village 
in recruiting men for the regular army. Mr. Foot has given lib- 
erally of his money in support of the cause, and now freely offers 
his children on the altar of his country." — Geneva Courier, Wed- 
nesday, February 5, 1862. 

" The venerable Judge S. A. Foot, of Geneva, has three sons 
in the war battling for the Union. The eldest, John, is captain of 
company I, 2d Minnesota, and was in the hottest of the fight near 
Somerset. The whole regiment was complimented by their com- 
mander, for their gallantry ' during the severe and close engage- 
ment in which they took part.' 

"The second son, Samuel C, is master's mate on board the 
gunboat Stars and Stripes, flag-ship of the Second Naval Division 
in the battle of Eoanoke island. He discharged the responsible 
duties of signal officer during the fight — a position requiring great 
coolness and courage. 

" The third son, Alfred, went out with the famous 7th Regi- 
ment, on the opening of the war, and was subsequently appointed 
first-lieutenant in the 14th regular infantry. He is fully imbued 
with the patriotic spirit of his brothers. It is an honor to be 
the father of such sons." — Nexo York Commercial Advertiser, 
Tuesday Afternoon, March 4. 

" We mentioned the other day, soon after the battle at Somer- 
set, Ky., that our fellow-citizen, the Hon. S. A. Foot, besides 
giving his money freely, had three sons in the present war. 

"The oldest, John Foot, is captain of company I in the 2d 
Minnesota volunteers, and was in the hottest of the fight near 
Somerset. The loss of the regiment in that battle was twelve 
killed and thirty-three wounded. Captain Foot's company lost 
two killed and tAvo wounded, one the second-heu tenant. Col. Van 
Cleve, in giving his report of the battle, states that his entire com- 
mand (2d Minnesota) did its duty ' during the severe and close 



352 AUTOBIOGRAPHY 

eno-agemeiit in which they took a part.' Col. McCook, acting 
brio-adier, in his report states that tlie 2d Minnesota were within 
ten feet of the enemy, and at first the contest was ' almost liaud to 

jjand the enemy and the 2d Minnesota were poking their guns 

throuo-h the same fence at each other.' There are very few in- 
stances on record in which oflQcers and soldiers have shown an equal 
amount of bravery. The rebels could not stand before it. Since 
this battle and the victory won, Captain Foot has been ordered to 
Minnesota to recruit for his regiment, which has been reduced by 
sickness and loss in battle. 

'' Judge Foot's second son, Samuel C. Foot, holds the position 
of master's mate on board the gunboat Stars and Stripes, com- 
manded by Captain Reed Werden. This vessel lias been the flag- 
ship at Hatteras Inlet for some months past. On the arrival of 
Gen. Burnside's Expedition, it was attached to it, and was the flag- 
ship of the Second Naval Division in the late battle at Roanoke 
Island. Mr. S. C. Foot was entrusted with the responsible position 
of signal officer during the late battle. This speaks Avell for him. 
To do the duties of that station requires a cool and clear head. 
The officer filling it must have his thoughts about him and his 
nerves steady. He must carefully watch for the signals made, 
report them to the captain, return the answer, and make the sig- 
nals as directed. As we understand the matter, no position on 
the ship is more exposed, or requires a higher degree of courage. 

"The Stars and Stripes did good service in the late battle. 
The correspondent of the New York Commercial Advertiser gives 
the following account of the pai't this vessel performed : 

" ' The Stars and Stripes was engaged six hours, and came as 
near the battery as her draft would permit. She once ventured 
too close and grounded, but succeeded in steaming off. At one 
period of the engagement she was situated between the gunboats 
of the enemy and the battery, and her entire armament was 
actively engaged. From her gun-deck she threw 8-inch shells from 
two G4-pounder guns on each side, Avhile her 20-]3ounder Parrot 
gun and two rifled howitzers on the upper deck poured in their 
fire. A shot cut one of the stays and another passed between her 
masts. While the Stars and Stripes was aground for two hours, 
she kept up a constant fire, and received the fire of the battery. 



A^^D COLLATERAL REMmiSCENCES. 353 

Her ofi&cers behayed in the most cool and courageous manner, 
IDroviug themselves worthy the cause they defended.' 

" The Judge's third son, Alfred Foot, left his position in the 
store of Wilson G. Hunt, Esq., in the city of New York, in April 
last, and joined the famous 7th Kegunent of that city the day be- 
fore it started for Washington to protect the Capitol. He took a 
part in the arduous labors performed by that regiment on its way 
to Washington. Not satisfied with the short ser^^ce of six weeks 
performed by that regiment in quelling the rebelhou, he applied 
for an appointment in the regular army, and was appointed a first- 
lieutenant in the 14th Eegiment of Infantry in June last. He has 
been and still is engaged in recruiting for that regiment, and has 
been very successful. The regiment has now over twelve hundred 
men, and Lieut. Foot soon expects to be called into active sendee. 
If he is not summoned to the field soon, he will have no chance 
to do the efiective work which his older brothers have. 

" We confess to no small degree of pride in numbering among 
our villagers the Judge and his sons." — Geneva Courier, Wednes- 
day, February 19, 18G2. 

The Second Regiment of Minnesota volunteers formed a 
part of the army operating in Kentucky, during the winter of 
1861-2. The battle of Mill Spring was fought on the 19th 
day of January, 1862. The Second Minnesota, as already 
mentioned, took an active and conspicuous part in that battle. 
This regiment was ordered into action early in the morning 
before taking breakfast, and was without food all day. After 
the battle the Union army pursued the retreating rebels several 
miles, and until they reached their intrenched camp. The 
Second Minnesota lay on their arms before it all night in a 
heavy, cold rain. Finding the next morning that the rebels 
had abandoned their intrenchments, the regiment returned to 
their camp which they had left the morning before. 

John wrote a letter to his mother on the 21st of January 

giving an outline of the battle, and concluded by saying, " I 

am pretty well worn out with the excitement and the march." 

The sequel showed, that the exposure and fatigue of the win- 

23 



354 AUTOBIOGRAPHY 

ter campaign in the humid and variable climate of Kentucky, 
with the excitement and fatigue of the battle, and the expo- 
sure in the rain the night after it, had entirely prostrated his 
health. He reached home on the 1st day of March, and died 
on the 13th day of that month. 

His life, death, and character rendered him in my judg- 
ment a suitable subject for a memorial. I prepared one, 
which contains a full account of his education, life, death and 
burial. 

It is No. 54 of " Papers Written by me." 

Samuel C. remained on board the gunboat Stars and 
Stripes after the battle at Roanoke Island, This vessel was 
present and assisted at the taking of Newbern, N. C, on the 
14th of March. Samuel C. discharged the same duty on that 
occasion, that he did at the battle of Roanoke Island, and a 
few days afterward was ordered to the gunboat Whitehead as 
executive officer — a promotion earned by his good conduct on 
the Stars and Stripes. 

The Whitehead was sent to Elizabeth City, N. C, and 
kept on duty there. Early in May, Samuel C. was taken very 
ill with a typhoid fever, and removed to the naval hospital at 
Newbern, N. C. We heard of his illness on Sunday, the 
18th day of May. On Wednesday, the 21st of May, Euphe- 
mia and Alfred left New York for Newbern by the way of 
Baltimore and Hampton Roads, with letters from me to 
General John A. Dix, who commanded at Baltimore, and 
General John E. Wool, who commanded at Fortress Monroe, 
both my friends, asking them to aid my son and daughter in 
reaching their sick brother at Newbern ; also with an order 
from Secretary Wells of the Navy to the flag officer at Hamp- 
ton Roads to forward them to Newbern by the first op- 
portunity. 

Fearing Alfred and Euphemia might meet with detention 
■on their route, which they unfortunately did, and having an 
opportunity on the ,23d of May to go with Governor Stanley, 
.an acQ[uaintance and friend, direct from New York to New- 




^^. 




AND COLLATERAL REMINISCENCES. 355 

berii on a Government steamer, I availed of the opportunity, 
and reached Newbern on the evening of the 26th of May. 
Found my son very ill with a raging fever, and in an indif- 
ferent naval hospital. Removed him the next day to a private 
residence, where he had good nursing and suitable food. The 
surgeon in charge of the hospital, and also the surgeon of the 
squadron then lying at Newbern, were both attentive and 
kind. Samuel C. had from them the best remedies and medi- 
cal advice. He improved rapidly. The fever subsided in two 
or three days after his removal. 

An opportunity offering for a passage direct from Newbern 
to New York on Saturday the 31st of May, the surgeons con- 
sented to my taking my son home, and we left in the after- 
noon of that day for New York, where we arrived on Tuesday 
afternoon the 3d of June, just in time to reach Millburn at 
the close of the day, where your mother was waiting at your 
aunt Eliza's to receive us. 

I remained there a few days, going each day, however, to 
the city to attend to business. 

Samuel C. though still very ill, continued to improve in 
health, and was so much better, that on Monday the 9th of 
June, I concluded to come homo, where my presence was 
needed after so long an absence. 

In the evening of the day I left for home, Samuel C. had a 
relapse, and on the day after my arrival I received a telegram 
that he was foiling fast and requesting my immediate return. 
I reached Millburn on Thursday the 12th of June, just in 
time to see my son draw his last breaths. 

I find among the family correspondence of this year, an 
account in his mother's handwriting of the two last days of his 
life. I insert it, as it illustrates one phase of his character. 
For while he was cool, and brave to a fault in times of peril, 
he was sensitive, gentle, and affectionate in all his social rela- 
tions. 

The following is the account, and in the very words of his 
mother : 



356 AUTOBIOGRAPHY 

" He joined with his mother in singing the following hymns 
with his dying breath, and when he could no longer speak the 
words, his voice still kept the air : 

" ' There is a fountain filled with blood — ' 

" ' What is life ? It's but a vapor — ' 

" ' Rock of ages, cleft for me — ' 

When asked if he loved the Saviour, he replied, ' Yes, I do love the 
Lord Jesus Christ with all my heart, and though I have been a 
great sinner, I feel sure he has forgiven all my sins.' He said he 
loved Christ's Sermon on the Mount, and asked to have it read to 
him repeatedly. On being told he would soon be in heaven, he 
said, ' Yes, and I wiU see John there.' During the last two days 
of his life, he constantly repeated this prayer, ' God be merciful to 
me a sinner, for Jesus Christ's sake.' A short time before his 
death, he put his arms around mothei-'s neck, kissed her repeat- 
edly, and said, ' Oh, dear mother, no tongue can tell the love I 
have for you ! May God bless you, my dear, dear mother, for ever 
and ever — Amen.' The morning of his death he asked Aunt 
Euphemia to read to him, and on her taking up a small Testa- 
ment, he said, ' No, no, take mother's Bible.' Some fifteen minutes 
before his death, he felt his own pulse, to see if it was still there, 
he said. He mentioned all his brothers and sisters; and told 
mother she must take care of his dog Jack, for his sake. He was 
so grateful for the slightest favors, and thanked his Uncle Law- 
rence and Aunt Euphemia for all their kindness to him." 

Mrs. Foot, myself, and our daughter Euphemia left Mill- 
burn with the remains of this dear son the day after his death, 
and reached home the next day. His funeral took place the 
next day, Sunday, the 15th day of June, which was his birth- 
day. 

An account of his death, the funeral services, and of some 
incidents of his life, was published in our village j)aper. 
Though not written by me, the proper place for it in this his- 
tory of myself and fomily would seem to be next to the 
memorial I prepared of his brother. It will be found as No. 








'^^. 



'^^^^-^ 



AND COLLATERAL REMINISCENCES, 357 

55 among those j)apers. His death and character were also 
favorably noticed in several other public journals.* 

The sickness and death of these sons brought deep sorrow 
upon me, their mother, brothers and sisters. Their removal 
from our family circle occupied many of my thoughts, and 
with the correspondence arising from it, and preparing the 
memorial of John, took a considerable portion of my time. My 
profession, however, this year, as in previous years, required 
and consumed the principal part of my time. It obliged mo 
to make five journeys to the city, and occupied me there nearly 
three months in all. It took me once to Albany to argue a 
case in the Court of Appeals — twice to Rochester, to argue 
cases in the Supreme Court, and upwards of twenty times to 
Canandaigua, where I passed that number of days in conduct- 
ing an important investigation for the American Bible Society 
respecting the validity of a will, which gave over fifty thou- 
sand dollars to that and other kindred institutions. 

My time at Geneva this year w\as passed as in the few pre- 
vious years, with only this difference — my correspondence this 
year was more active and extensive, and my thoughts more 
engrossed by the condition of the country and the fearful con- 
flict in which we were engaged. 

I had only two brief cessations from business and duties at 
home. 

My sister Mrs. York being seriously ill in the forepart of 

* Died June 12tli, at IMillburn, K J., Samuel C. Foot, master's mate, 
U. S. N., aged 24, second son of Hon. Samuel A. Foot, of Geneva, N. Y. 
The deceased received a naval education, and served with distinction 
as signal officer on the gunboat Stars and Stripes in the battles of Roan- 
oke and Newbem. While acting executive officer of the steamer 
Whitehead, at Elizabeth City, N. C, he was attacked by typhoid fever, 
from which he convalesced sufficiently to leave the hospital and accom- 
pany his father from Newbern to New York, but died, unable to continue 
his journey to the home where his gallant brother. Captain John Foot, 
of the Second Minnesota Regiment, breathed his last a few weeks pre- 
viously. The deceased was brave, generous, kind-hearted, and beloved 
by all who knew him.— if, Y. Evening Post, Friday Evening, June 
13, 1863. 



358 AUTOBIOGRAPHY 

July, your mothei-j Mary and I went to Ogdensburgli, and staid 
there and in the vicinity eight or ten days — and early in Sep- 
tember your mother and I went to Avon, and spent three days 
with your uncle and aunt Clark, who passed the warm season 
there. 

Our two eldest daughters were at home this year, with 
occasional absences already mentioned, and short visits to rela- 
tives and friends, Alfred continued in the army, and in 
December was allowed, at his earnest request, to join his regi- 
ment for active service in the field. Lawrence entered 
Columbia College early in October. Kobert E. and Thomas 
were at school in Peekskill, George at South Williamstown, 
and the younger children in Geneva. 

I was able to do but little this year to promote the public 
good. 

A leisure hour, one evening, while in the city near the end 
of February, was occupied in thinking, what could be done 
for, and with, the liberated slaves. I put my thoughts on 
paper and sent them to " The Commercial Advertiser." They 
were published on the 1st of March. This paper is No. 56 of 
" Papers Written by me." 

In July we determined in this village and the vicinity to 
raise a regiment of volunteers, and designated one of our most 
valued citizens as the colonel. A question arose as to the 
location of the camp. The race-course, not far from my resi- 
dence, was proposed. This appeared to me to be a very unsuit- 
able location. I wrote and had printed a circular containing 
the objections to the race-course, and caused it to be dis- 
tributed. It is one of the occurrences of the times, and shows 
how deeply every one was interested in every part of the great 
work of subduing the rebellion. It is No. 57 of "Papers 
Written by me." 

As the President's promised proclamation on the 1st of 
January, 1863, liberating the slaves in the rebel states, was 
expected, the measure occupied the public mind — its effect was 
extensively canvassed, and many people in this section of the 
state expressed an apprehension of being overrun by the blacks 



AND COLLATERAL REMINISCENCES. 359 

of the South. To quiet this apprehension, I wrote an article 
for our viUage paper, which was published on the 29th of 
October. It is No. 58 of " Papers Written by me." 

Towards the close of this year, some earnest Union men 
feared that the President might not issue the promised proc- 
lamation of freedom on the 1st of January. I did not share 
in this fear, yet thought it would do no harm, and might per- 
haps do good, to write to the President. I did so. A copy 
of this letter is No. 59 of " Papers Written by me." 

" The Geneva Literary and Scientific Association " met at 
my house on the 30th of December, on which occasion I read 
an essay on " citizenship " in this country, which I took con- 
siderable pains to prepare, and in which I reviewed an opinion 
of Attorney General Bates, given and published a few weeks 
previously, on the question, " What Constitutes Citizenship," 
and on " The Rights of Citizens." My essay was not written 
out in full, and outlines of it only have been preserved. The 
late amendments of the Constitution of the United States 
have settled all questions of this kind, and previous discussions 
of the subject are now of little or no value. 

A few extracts from my diary will close the account of this 
year of bereavement and sorrow : 

Thursday, March 13th. The day of John's death and a few 
hours after it occurred. — " His death is a great loss. He was all 
parents could reasonably desire in a son. He was well educated, 
a coiTect and ready writer, a promising lawyer, a dutiful and 
affectionate son. God, we know that thou art just, holy, benevo- 
lent, merciful, and kind. Tliou gavest and thou canst take away. 
Thou dost not afflict except for wise and beneficent ends. Help 
me to say in the true spirit of submission ' Thy will be done ; 
blessed be thy name.' Heavenly Father, dear Eedeemer, take 
the spirit of this dear son to thy bosom in heaven, and let him 
enjoy thy presence forever. May this dispensation of thy Provi- 
dence be sanctified to me and mine. I ask it for Christ's sake." 

Saturday, June 14tb. After reaching home with the remains 
of Samuel C. — '• God, sanctify this dispensation of thy Provi- 
dence to me and mine, and let the deaths of my two eldest sons 



360 AUTOBIOGRAPHY 

raise me from the world and prepare me for heaven ; and God, 
let these heavy sacrifices not be in vain — may this dire rebellion 
be suppressed, and this dreadful sin of slavery be swept from our 
beloved country." 

Thursday, November 27th. — " This day has been set apart for 
public thanks to our Heavenly Father for his merciful dealings 
with us during the past year. Although thou hast laid thy hand, 
gracious God, heavily upon us during the year, yet thy judgments 
have been mingled with many mercies, for which I desire to record 
my sincere thanks." 

Wednesday, December 31st. — " Thus another year of my life 
has been spent. God, forgive my shortcomings in duty. I ask 
it for Christ's sake. Help me to pass the next year better than 
the last. Spare me and mine, if consistent with thy holy will, and 
lift thy chastising hand from my beloved country, and give us 
freedom and peace. Set the bondman free, and make us a united 
people." 

1863. 

This year was one of deep interest to the countiy, and 
especially to me. The Government was making the most 
strenuous efforts to suppress the rebellion. The contest had 
laid two of my sons in the grave, the third one was in active 
service, and the fourth one entered it, and performed a short 
term of severe and perilous duty. 

A few quotations from the correspondence of Mrs. Foot 
and myself will show my feelings and views at that time on 
that momentous contest. I was in the city the greater part of 
the month of May. Expecting some money out on bond and 
mortgage would be paid in early in that month, Mrs. Foot 
and I had some conversation before I left home respecting the 
manner of re-investing it. In a letter to her of the 5th of 
May, I say — 

" Mr. C. paid the mortgage yesterday, and to-day I have loaned 
* Uncle Sam' seven thousand dollars for twenty years, at six per 
cent, interest, payable semi-annually, with liberty to pay it off in 
specie in five years. My thought was this — All I am and have 



AND COLLATERAL REMINISCENCES. 361 

came from and under his just aud good government, and he is 
now entitled to have all I have and am — my life, the lives of our 
sous, and all my property, if he wants it. If he can never pay it 
back to me, he is welcome to it. But I have no doubt he will pay 
the interest punctually in specie, and the principal when it is 
due." On the 7th of May, Mrs. Foot wrote in answer to this thus : 
" I don't feel quite as liberally disposed as you do towards ' Uncle 
Sam.' He has done no more than his duty, and we have done 
ours ; so, while Ave share the loaf, and perhaps give him the largest 
share, I would not give him all. It may be Avant of patriotism, 
but those uneducated little children are first in my thoughts.'^ 
I replied on the 9th of May in the following words: "I thought 
of the uneducated little ones, when I gave the money to ' Uncle 
Sam.' My duty to them is ever before me. But what is educa- 
tion good for, if ' Uncle Sam ' is destroyed. When he dies, I want 
to be buried myself, and all I love with me." 

The practice of my profession this year, as in previous 
years, was my principal occupation. My engagements in the 
city, however, kept me there this year only a couple of months. 
I went three times to Albany to argue cases in the Court of 
Appeals — once to Rochester to argue a cause in the Supreme 
Court — and thirteen times to Canandaigua, where I passed as 
many days in continuing and completing the investigation 
mentioned in my account of last year, and which was brought, 
in October, to a successful conclusion for my clients, the will 
in question being fully sustained. 

A case was pending and to be argued at the June term of 
the Court of Appeals, involving the constitutionality of the 
act of Congress authorizing the issue of the Legal Tender 
Treasury Notes. The Government was so deeply interested 
in this question, that although not a party on the record, the 
Secretary of the Treasury deemed it proper to employ counsel, 
to sustain the validity of these notes, Mr. D. D. Field, of 
New York, was first, and I afterwards, retained on behalf of 
the Government. As other counsel were employed by the 
parties to the action, and would deliver oral arguments, the 
court suggested that the counsel for the Government should 



362 AUTOBIOGKAPHY 

print their arguments and hand copies to the Judges. This 
was done. My argument was merely a supplement to Mr. 
Field's, and so intended. I gave his and my own, however, 
additional weight, by appending to mine, the opinions of sev- 
eral of our most prominent bankers and financiers, of the 
absolute necessity of such a cuiTency to carry on the war. 

My argument is No. 60 of " Papers Written by me." 

A serious error prevailed in regard to the power of the 
Government under the Constitution to confiscate the real 
estate of rebels. Professor Wilson of this village and I, early 
in March, began an examination of the subject, he 23erforming 
the main labor, and I assisting him. The result of our 
examination was presented in the form of two letters — one, 
and the principal one, written by the Professor and addressed 
to me — and the other, written by me and addressed to the 
Professor. I took them to Albany early in April, and had 
them printed in pamphlet form. They were extensively circu- 
lated by sale and otherwise, and attracted a large share of 
public attention. The first impression was soon exhausted, 
and a second one called for. In the meantime I had pursued 
the investigation of the subject, and with the Professor's aid 
had prepared some Addenda. These were printed with the 
second impression. The pamphlet reached, in greater or less 
number, all the loyal states, and corrected the eiTor, as is be- 
lieved, which prevailed on the subject. 

It will be found among " Paj)ers Written by me" as 
No. 61, together with notices of it by some of the public 
journals. 

Beside my letter in this pamphlet and a pretty active cor- 
respondence, I wrote nothing this year, to aid in the great con- 
flict in which the country was engaged. I presided at two 
Union meetings, held in this village to promote the objects of 
the war — one on the 19th and the other on the 24th of Octo- 
ber, and on each occasion made a short address on taking the 
chair. 

My time, while at Geneva, was occupied this year in nearly 
the same way it had been in the preceding years. If there 



AND COLLATERAL REMINISCENCES. 363 

was any cliiFerence, it consisted in devoting, this year, more 
time to professional business, studies, and investigations. 

Independent of absences to meet professional engagements, 
I Avas from home only twice during the year. One of these 
occasions was a visit, early in June, to Washington, and to 
Alfred at Falmouth, Va. The object of my visit to Wash- 
ington was twofold — one, to have an interview with the Presi- 
dent and other j^rominent gentlemen, to carry out the views 
presented in the pamphlet of Professor Wilson and myself — 
and the other to ask that Alfred be placed on detached duty, 
supposing him not to be well, which, however, was a mistake, 
and I did not make the request. 

After an interview with the President, several members of 
the cabinet, and other gentlemen holding high official posi- 
tions, respecting the confiscation of the real estate of the 
rebels, I asked Mr. Stanton, the Secretary of War, for a j^er- 
mit to pass the lines of the army and visit my son at 
Falmouth, Va. This he j^romptly granted, and, unasked, 
added a kind letter of introduction to General Hooker, who 
then commanded the Army of the Potomac. 

I left Washington for Falmouth on Friday morning the 
5th of June on a Government steamer, which took me to the 
mouth of Acquia creek. From there I went by railway to 
within a few miles of Falmouth. Th-ere I learned that Gen- 
eral Sykes' division of regulars, in which Alfred was, had the 
day before moved nine miles up the Rappahannock to Banks' 
Ford. There was no sort of a conveyance to that place to be 
had, nor anything moving in that direction, except four-horse 
supply- wagons, and they loaded so full, that, it was said, there 
Avas not room enough in one of them for a cat. So two officers, 
belonging and bound to the same division, and I, put our 
satchels in the wagons, and started on foot. After walking 
about two miles, the heat and the dust drove me to an effort 
to get a ride in one of the wagons. In this I succeeded, and 
reached the supply station of the division about sundown. I 
was then several miles from Alfred's regiment, and to it there 
was no road nor track, except through fields and forests. 



364 AUTOBIOGRAPHY 

Hiring a soldier to guide me and cany my satchel, I started 
on foot. In about forty rods we passed General Sykes' tent. 
I called to pay my respects to the General — was kindly re- 
ceived and furnished with a horse and sergeant to carry and 
accompany me to Alfred's tent. On reaching it, I found he 
was a mile off on picket duty for the night — went to him, 
found him in robust health, and spent the evening with him. 
The rebels were in plain sight on the other side of the river. 
Although the headquarters of the army were thirteen miles 
from Banks' Ford, I concluded to call on General Hooker. 
One of Alfred's fellow ofiticers loaned me a horse, and I rode 
the next day thirteen miles through and among the encamp- 
ments of an army of one hundred thousand men. This was to 
me a new and great sight. General Hooker received me most 
courteously and kindly. On his invitation I staid to dinner. 
Our views so entirely accorded, that we soon became warm 
friends. I spent a charming day with him. He produced his 
order book, and showed me how it happened that the army 
received a check at Chancellorsville. After listening to his 
statement, from which it appeared, that the check arose from 
inattention to his orders, I answered in nearly and almost ex- 
actly the following words : " Dear General, the great Com- 
mander-in-Chief above, who orders all things on earth and in 
heaven, does not intend that this rebellion shall be suppressed 
without the aid of colored soldiers. Since the President's 
proclamation, there is only one thing more needed to render 
slavery hereafter in this country impossible, and that is, to 
teach two or three hundred thousand of our colored men the 
use of arms. If you, with your white soldiers, had conquered 
Lee, the opposition to enlisting colored men would have pre- 
vailed. Now all agree, we must call two or three hundred 
thousand of them to our aid. When that is done, and they 
are taught the use of arms, the abolition of slavery will be 
effectually accomplished, divine justice will be satisfied, and 
a merciful God, who has used this rebellion to effect this holy 
purpose, will allow us to conquer the rebels and end the war." 



AND COLLATERAL REMINISCENCES. 365 

A pleasant ride at twilight to Alfred's tent closed an interest- 
ing day. 

I passed the next day (Sabbath) with Alfred most hap- 
pily, and returned to Washington on Monday. A military 
friend invited me to join a party, who were going the next 
day (Tuesday) on a Government steamer to Mount Vernon. 
I gladly accepted the invitation, as I had never visited that 
sacred spot, having never been willing to go there while it 
remained in a neglected and dilapidated state. It was then 
(1863) owned by the Ladies' Association, and in fair repair. 
The party, whom I met on the steamer, consisted of agreeable 
ladies and gentlemen, and I passed a delightful day — walked 
alone on the grounds — stood by Washington's tomb — recalled 
the history of his life — gave in my heart, and being alone, 
expressed in words, profound and devout thanks to God, for 
giving the nation such a man at such a time, and felt and 
expressed my gratitude for the blessings I had enjoyed under 
the Government he had been so instrumental in establishing. 
I purchased a rough stick from a tree which had grown on 
the place, had it afterwards made into a cane, which I now 
(1871) use, and intend to use as long as life lasts. 

This trip took only eleven days of my time, and was full 
of interest from first to last. My children will find in my 
diary a full account of it, and of the persons I met and 
visited. 

The other occasion of my absence from home not on busi- 
ness, was a visit of a few days which Mrs. Foot and I made 
near the close of September to our brother and sister, Mr. and 
Mrs. D. L. Clarke, at Avon Sjirings, where they passed several 
weeks. 

Beside the incidents already mentioned, others occurred in 
my family which rendered this year one of special interest. 

In April and while Alfred was with his regiment near 
Falmouth, Va., he met with a deep and thorough change of 
heart, A gracious God gave him a new birth. His letter of 
the 19th of April, announcing this change to me and his 
mother, and giving us a brief account of it, was charming and 



366 AUTOBIOGRAPHY 

most satisfactory. It filled our hearts with holy joy. He 
declared himself reconciled to God through his Kedeemer — 
felt happy and was ready to die for his country if God so 
ordered. He was not able to visit us till September. He 
then came home, and on Sunday the 6th of that month united 
with our church. As this son afterwards gave his life to his 
country, as will appear hereafter in this family history, it is 
due to his memory to give a diary, which he kept in pencil 
during the movement of the Army of the Potomac early in 
May across the Rappahannock river, the battle of Chancellors- 
ville, and the return of the army by recrossing the river to its 
encampment. 

To comply with a request made in July, 1863, by " The 
Bureau of Military Statistics established by the Legislature " 
of our state, I furnished a history of the services rendered by 
my sons up to that time, and gave a copy of Alfred's diary, 
which I made from the original in pencil. That copy will be 
found as No. 62 of " Papers Written by me." It will be 
found interesting, as it gives an accurate account of the move- 
ments of the army, and of the battle so far as they fell under 
his observation, as well as of the perils, thoughts, and feelings 
of a Christian soldier during a severe battle. 

The summer vacation of Columbia College commenced on 
the 20th of June. Lawrence, instead of coming home to pass 
his vacation, asked my consent to join the 22d Regiment of 
New York Militia, then under orders for Harrisburg, Pa., to 
aid in driving the rebels from that state. I gave it promptly, 
and commended his choice of the manner of spending his vaca- 
tion. He left New York fully equipped with the regiment on 
the 22d of Jime. After the rebels were driven from Pennsyl- 
vania, the regiment was ordered back to New York to preserve 
order in that city. It arrived there on the 18th day of July. 
Their tour of duty, though short, was severe and full of peril. 
Lawrence came home a few days afterwards. After hearing 
his account of the services of his regiment and the destitution 
to which they were exposed (for their commissariat had been 
wretchedly managed), I asked him if he thought he had done 



AND COLLATERAL REMINISCENCES. 367 

any good by going ; ho said " Certainly." I inquired how ; 
he answered, " I had five fair shots at the rebels." 

As Lawrence did not enjoy good health in the city and 
Kobert E. was anxious to receive his education in a Western 
college, they concluded, with my consent, to enter the college 
at Beloit, Wis. They did so on the 1st of September. Law- 
rence as sophomore, and Robert E. as freshman. 

Thomas continued at school at Peekskill, and in the 
autumn William joined him. When the summer term of the 
school at South Williamstown closed, George came home and 
entered a school at Geneva. The little girls also attended 
school in that village. Our two eldest daughters passed the 
year at home, making occasional visits to relatives and friends 
as in previous years. 

I continued to hold the office of elder in our church, 
though very reluctantly, as my frequent absences from home 
prevented me from projierly and fully discharging its duties. 

On Saturday evening, the last day of February, Mrs. 
Foot and I decided to change our hour for evening devotions 
from the late hour in the evening, at which Ave usually had 
them, to directly after tea, so that all the children could be 
present. We carried this change into execution on Sunday 
evening, the 1st of March, and found it a great improvement, 
and have had our evening devotions at that hour ever 
since. 

Two or three extracts from my diary, indicating my de- 
pendence on God, and my gratitude for his goodness and 
mercy, will close the account of the year : 

Saturday, Januaiy 3d. — " Yesterday evening I received authen- 
tic intelligence of the President's proclamation of emancipation. 
I record my thanks to thee, gracious God, for answering my fre- 
quent prayers to set the bondmen free, and give this continent to 
Christian freemen. God, complete this gracious and glorious 
work. I ask it for Christ's sake." 

Wednesday, April 22d. After reading Alfred's letter announc- 
ing his conversion. — "Gracious God, I record my profound 
thanks for this manifestation of thy love and mercy." 



368 AUTOBIOGRAPHY 

Monday, June 1st. — " Spent my Sabbath yesterday as usual in 
Geneva, and I trust as well. The Lord's supper was administered 
in the forenoon, and I enjoyed it. It is dehghtful to be near to 
my Sa\'iour." 

Wednesday, August 26th. On Lawrence and Robert E. 
leaving home to enter Beloit College. — " Gracious God, I commit 
these dear sons to thy protecting care — renew them in thine image, 
and make them thine own in Jesus." 



1864. 

This year, in one respect, differed materially from previous 
years. While in those years my profession was my chief 
occupation, it occupied this year only a small portion of my 
time. It did not call me from home to Canandaigua, nor to 
any of the adjoining counties, and took me only three times to 
New York, and on neither of those occasions detained me over 
ten days, nor occupied my whole time while there, my indi- 
vidual business requiring a large share of it ; and while at 
Geneva only a few hours were occasionally needed for profes- 
sional business, studies, and reading. This change arose from 
the fact, that after the death of my son John, I did not 
encourage, and frequently declined, retainers in new business, 
and w^as mainly engaged in prosecuting to conclusion, the suits 
on hand at his death. They were nearly all ended in 1862-3. 
A few only, which required my attention, remained at the 
beginning of this year. 

Almost the whole of this year was passed at home. I 
went to Washington for a few days in January, to oblige a 
friend — to New Haven, Conn,, in July, with my son Thomas, 
to aid him in his arrangements to enter Yale College, and 
from there to Watertown in that state, to visit my nephew, 
Hubert Scovill, and his family, Avith whom I passed six or 
eight days — and to Philadelphia near the end of August to 
meet my son Alfred, who was brought there wounded from 
Virginia, and where I remained several davs. With these 



AND COLLATERAL REMINISCENCES. 369 

exceptions, my time was passed at Geneva as it generally had 
been in previous years ; but being more at home this year 
than before, I spent more time working in my garden and on 
my place, in general reading, and in correspondence with rela- 
tives and friends, and with my children, who were away from 
home. 

I took a deep interest in the presidential election this 
year ; also in the gubernatorial election of this state. A 
meeting was held in this village on the evening of the 4tli of 
October, to promote the re-election of Mr. Lincoln, and the 
Kepublican candidate for Governor of this state, of which I 
was chairman, and on taking the chair, made a short address, 
wholly practical, and designed to influence the votes of my 
neighbors. To accomplish that object I wrote it out in full 
before delivering it. It was published in our village paper a 
few days afterwards, and is No. 63 of " Papers Written by me." 

Being in New York on the 12th of November, and after 
the result of the election was known, I wrote Mrs. Foot a let- 
ter on that day, some extracts of which will show my views 
and the state of my feelings at that time in regard to the elec- 
tion and the condition of the country : 

" I respond most deeply and warmly to your remark, that the 
* news is glorious.' It is more than glorious, it is profoundly good, 
rich in blessings to this country and the Avorld. I am so grateful 
to our Heavenly Father, who has the keeping of the hearts of all 
men, for directing the people of this country to so wise a judg- 
ment, that I have not language to express my gratitude. I can 
only repeat and repeat the exclamation, ' God, I thank thee.' 
The majorities for the Union come in stronger and stronger. The 
vote is overwhelming. A load is removed from my heart." After 
mentioning the payment of a largely increased amount of tax on 
some real estate in the city, I write, " But the future looks so 
bright for the country, that temporary inconvenience is not worth 
'a thought. It would be, as it should be, a pleasure to suffer in her 
cause. A wound in her service is an imperishable honor, and my 
deepest regret has been and is, as you know, that my age deprives 
me of the privilege of serving her as I would." 
24 



370 AUTOBIOGRAPHY 

" The Geneva Literary and Scientific Association " met at 
my house on the evening of the 27th of December, and I de- 
livered before them a lecture, in which I discussed the princi- 
ples on which the states in rebellion should be re-organized, 
the currency of the country regulated, and the national debt 
managed. I bestowed considerable thought on these topics, 
and wrote the lecture out nearly in full, but did not confine 
myself in its delivery to the written words ; nor are the por- 
tions written in a fit state for publication. I called my lecture 
" Some Desultory Thoughts, not on the very distant, but on 
the more immediate future of our country/' 

Many of these thoughts will be found in papers which I 
wrote and were published in the two following years. 

This year was marked by family incidents of great in- 
terest. 

Our daughter Mary engaged herself in marriage to K. Koss 
Koberts, a physician of Harrisburg, Pa., and on the 3d of 
December he asked her in maniage of me and her mother, 
and our consent to the engagement. We freely gave it. 

While the Union army of the Potomac was pressing for- 
ward in June, 1863, to meet the army of the rebels in Penn- 
sylvania, Alfred was met with an order near Manassas Junction 
directing him to repair to Harrisburg, Pa., to discharge the 
duty of a mustering-in officer. He reached there on the 28th 
of June, and was kept there and in the vicinity on that service 
till near the end of May of this year, when he was again 
allowed to join his regiment, then near Petersburg, Va. He 
came home for a day, and left us on the 28th of May for his 
regiment. He came home again on the 5th of July wounded. 
A rifle-ball had passed, a few days before, through the calf of 
his left leg. His wound having healed, and his limb appar- 
ently fully restored, he returned to the army on the 1st of 
August. After passing a few days at headquarters with a 
friend, he joined his regiment, still near Petersburg, Va. He 
was in the dreadful battle, which was fought on the 18th of 
August, for the possession of the Petersburg and Weldon 
Railroad, and commanded the battalion of the 14th infantry, 



AND COLLATERAL REMINISCENCES. 371 

his senior officer being unable to be on the field. He was 
severely wounded in the right arm near the shoulder. He 
supposed fatally — went to the stump of a tree, sat down be- 
side it, and leaned against it to die. After the battle was 
over, he was found, and carried to the surgeon's table. The 
surgeon, after an examination of his wound, informed him, 
that the safest operation was to take off his arm at the shoul- 
der-joint ; but he could perform an operation, which, if he 
lived, would give him a tolerably good arm, and he must de- 
cide. Alfred thought a few seconds and said, he would rather 
be buried with two arms than live with one. The surgeon 
performed the operation of exsection, took from his arm 3J 
inches of shattered bone, being able to leave only one inch of 
sound bone below and next to the shoulder-joint. The next 
day he was carried in an ambulance sixteen miles to City 
Point, which almost killed him, and from there to Philadel- 
phia on the steamer Atlantic, with five hundred otber 
wounded officers and soldiers. The steamer arrived at Phila- 
delphia on Thursday evening the 25th of August. On Wed- 
nesday the 24th, I received a letter from General Patrick, the 
provost marshal, written the day after Alfred was wounded, 
in which he said, " The regiment has suffered heavily, none 
of the officers killed, four wounded, and a great many men 
lost. * * ■'■' There is no danger of his (your son) losing 
his arm. I do not think your son will remain here very long. 
He will be sent to Washington." This led me to suppose 
Alfred was not dangerously wounded. 

I took the first train South to find him. A letter which I 
wrote to my daughter Mary on the 28th of August, contains 
a full account of my journey, and of all the incidents connected 
with meeting Alfred, of his feeble and dangerous condition, of 
the provision I made for him, and of the arrival in Philadel- 
phia of his mother. My children will find it full of interest. 
It is No. 64 of " Papers Written by me." 

The search for Alfred's baggage, mentioned in my letter to 
Mary, was successful. I was the more anxious to find it, be- 
cause when Alfred was first wounded, he lost his own sword 



372 AUTOBIOGRAPHY 

and pistol, and I had let him have his brother John's, and was 
anxious they should be found and preserved. 

In my letter to Mary, I did not state fully the reduced 
and dangerous condition in which I found Alfred. The func- 
tions of his body had been inactive for the whole week since 
he was wounded, and artificial means used to supply their 
place as far as possible. He was so feeble he could not stand, 
nor hold up his head, which fell forward on to his chest when 
raised in bed to dress his wound. I did not think he could 
live, and so expressed myself to a couple of his brother officers 
who were less severely wounded than he. But they said, he 
had too much pluck to die. One night, about ten days after 
he was placed in the hospital, a violent pain seized him in his 
left leg, in which he was first wounded, and extended from his 
groin to his toes. It was so excruciating, that powerful ano- 
dynes were administered to him. His mother and the sur- 
geon were called, and fears were entertained that death was 
approaching. The leg swelled in the course of the night to 
double its natural size, and then the j^ain ceased. He had no 
pain in the limb afterwards, and the swelling gradually went 
down, till it approached its natural size. But this leg was 
never afterwards as strong as the other, and a little too much 
exercise in walking caused it to swell. 

Mary went to Philadelphia on the 16th of September to 
relieve her mother, who came home on the 21st of that month. 
Alfred was not able to leave the hospital till the 1st of Novem- 
ber, and reached home on the 5th of that month, and remained 
with us till the close of the year, when he went to Harrisburg, 
Pa., with Dr. Koberts. The Government recognized the ser- 
vices and sufferings of Alfred, and gave him a brevet, which 
was noticed as follows in our village paper : 

" It gives us pleasure to mention that Lieutenant Alfred Foot, 
of the 14th U. S. Eegular Infantry, who was wounded in August 
last in the closely contested battle for the possession of the Weldon 
EaiLroad, has been promoted and appointed a captain by brevet 
' for gallant services during the operations on the Weldon Kailroad, 



AND COLLATERAL REMINISCENCES. 373 

Va., to take rank from the 18th of August, 1864/ (the day he was 
wounded.) 

" We are happy to learn that Captain Foot, who is still at the 
residence of his father, Judge Foot, being yet unfit for service, is 
slowly recovering from his wound, though he will never have the 
full use of his arm." — Geneva Courier, Wednesday, Dec. 21, 1864. 

Under the offer of the Western governors, in the spring of 
this year, to the General Government, of one hundred thousand 
men for one hundred days, my two sons, Lawrence and Robert 
Ebenezer, at Beloit College, Wis., volunteered. Robert E., 
the youngest, having some doubt of my consenting to his 
going, wrote me on the 7th of May substantially and nearly 
in the following words : 

" Father, if my life is spared, I shall be one of the next genera- 
tion to bear the burthens of this war, and aid in the government 
of this country on the new j)lan of universal freedom. I shall not 
be able then to hold up my head and do my duty, if I do not, 
having now nearly the strength of a man, take a part in putting 
down the rebellion. I want your permission and blessing to vol- 
unteer as one of the one hundred day men. I have already put 
down my name subject to your approval. Send word by tele- 
graph." 

I answered by telegraph, "Go, with God's blessing and 
mine." Nearly all the students of the coUege went, and one 
of the professors went as chaplain of the regiment. They left 
Beloit on the 19th of May for Camp Randall, Madison, Wis. 
They were mustered into the United States service on the 7th 
of June, and ordered to Memphis, Tenn., for which place they 
started on the 10th of that month. On arriving at Memphis, 
they were stationed at Camp Ray, a short distance from the 
city. They remained there till the 9th of September, and 
were then ordered home. They arrived at Madison, Wis., on 
the 15th of that month, after a fatiguing journey, were paid 
off, mustered out, and reached home on the 24th. 

They had one brush with the rebels, viz., when the rebel 
general, Forrest, made his raid in August upon Memphis. My 
sons were in the 40th Wisconsin Regiment, which took a part 



374 AUTOBIOGRAPHY 

ill the fight, and was reported to have behaved remarkably 
well. 

Lawrence and Robert E. returned to college at Beloit on 
the 12th of October. 

Some one, but who I have never learned, early in Septem- 
ber, wrote an article, which was published in our village 
paper on the 7th of that month, respecting my five sons in the 
army. The statements are not all accurate, but are in general 
correct, and I subjoin it in a note.* 

* This war is consuming the best and dearest of our land. This is 
seen and known by all. It falls heavily by way of taxes and increased 
prices upon all persons. It falls with oj^pressive weight upon those who 
have sons and near of kin exjDOsed, and called uj^on to incur its risks — • 
its hazards, the sufferings of a life in. camp, and the agonies of death in 
the field, or the still worse tortures of rebel barbarity and atrocity worse 
than death, in the power of the enemy as prisoners of war. 

Of the men who have thus contributed to the necessities of our coun- 
try, few, if any, have given so largely as our townsman, Hon. S. A. Foot. 
He has, or has had, five sons in the service of the country. Two are 
dead, one lies dangerously wounded, and two are safe, and for the present 
out of service. 

His oldest son, in practice of the law in Minnesota, raised a company 
in the Second Minnesota Regiment, was in the battle of Mill Spring, 
January, 1863. His regiment, with tlie 9th Ohio, was the means of gain- 
ing this most important success for the Union cause. Although Captain 
Foot escaped injury in the battle, the campaign of which it was part, 
developed an old disease into such active vigor that he was ol^liged to 
retire at once from the service, and he died on the 12th of March 
following. 

His second son, Samuel C. Foot, was educated for the navy, and was 
signal ofiicer on board the "Stars and Stripes" in the battle of Roanoke 
Island. He took part also in the cajDture of Newbern, N. C. After these 
battles he was made executive oflBcer of the steamer " Whitehead," and 
ordered to Elizabeth City, N. C. There he took typhoid fever, and died 
of this disease June 12th, 1862. 

The third son of Judge Foot, Alfred, volunteered with the Seventh 
Regiment of New York city, at the first call for troops, April, 1861. He 
served out the time for which the regiment volunteered, and was then 
appointed first-lieutenant in the 14th Regular Infantry. He was in the 
battle of Chancellorsville, 1863. While in command of a battalion of 



AND COLLATERAL REMINISCENCES. 375 

Euphemia passed the winter with her uncle and aunt 
Clark in the city, and the rest of the year at home, with the 
exception of a visit or two to relatives at the East. 

Thomas entered Yale College early in September, It is 
but justice to this son to mention, that he was anxious to join 
one of the volunteer regiments of this state and help suppress 
the rebellion, but I would not allow him to, considering him 
too young for such a service. 

skirmishers before Petersburg, Va., June 22d, he was wounded in his leg. 
On his partial recovery he returned to duty, August 1st. But again, 
after eighteen days, in the capture of the Weldon Road, August 18th, he 
was badly wounded in the shoulder. He is doing well and likely to 
recover, with a loss of about three inches of the bone of his right arm, 
near the shoulder. 

The fourth son, Lawrence, after entering Columbia College, New York 
city, in June of 1863, instead of coming home to spend his vacation, 
enlisted in the 22d City Regiment, and served six weeks in the camiDaign 
that gave us Gettysburg and drove Lee from Pennsylvania. He was three 
times under fire in conflict with the rebels. 

The fifth son, Robert E. Foot, entered Beloit College, Wis.. Septem- 
ber, 1863, his elder brother, just spoken of, entering sophomore at the 
same time, after his campaign in Pennsylvania. Both of them, Robert 
and Lawrence, entered the service as privates, and without bounty, in 
May, 1864. They served a hundred days, and were in the battles that 
ensued near Memj^his, Tenn., when Forrest made his raid into that city, 
and thus contributed to defeat him and drive back his men. 

We dou1:)t if there is a family in the country with a better record than 
this. Of Judge Foot's contribution in money to the cause of his country 
we cannot speak. He is not a man to make known his acts of this kind. 
But we know of his sympathy with the cause, we know of his services in 
sustaining the " Legal Tender " act of Congress in the Court of Appeals. 
And our readers know of his agency in the publication of the well known 
Wilson and Foot pamphlet on Confiscation, This, whether it brings 
money or not into the public treasury^ may fairly be said to have revolu- 
tionized the opinion of the country on a great constitutional question, 
and has shown that while our government is in time of peace the most 
mild and paternal on the earth, it is in times of war not less powerful 
and thoroughly armed -with all the means that are necessary, or can be 
successfully used, in putting down a rebellion when it occurs. We think 
that this is about enough for one man to do. Most of us would be satis- 
fied with far less. — Genem Courier, Wednesday, September 7th, 1864. 



376 AUTOBIOGRAPHY 

William remained at school at Peekskill, and George and 
the other younger children at Greneva. 

Lawrence was attacked with chills and fever after he went 
back to college at Beloit, and could not get rid of them. 
They were one of the sequences of his summer's campaign in 
Tennessee. He came home quite ill in the forepart of Decem- 
ber, but soon began to imjDrove in health. 

I will close this account of the year by some extracts from 
my diary, showing my trust in my Heavenly Father, and my 
willingness to submit to his orderiugs in regard to me and 
mine : 

Wednesday, August 3d. After my return from my visit to 
Watertown, Conn., and recording my thoughts. — "Being at the 
place of my birth, and reviewing my life, I am impressed with the 
goodness of my God, and record my profound thanks to Him for 
His merciful dealings with me through life.'"' 

Monday, September 5th. — " Spent my Sabbath yesterday as 
usual in Geneva. The Lord's supper was administered most 
acceptably by our pastor. I greatly enjoyed it, and was very near 
to my Saviour the Avhole time." 

Thursday, December IStli. — " Tbis is the birthday of Mrs. 
Foot. Gracious God, I thank thee for sparing her life, and for the 
inestimable blessing of such a companion." 

Saturday, December 17th. — "This is my birthday, being to- 
day seventy-four years of age, and still in good health, and in the 
enjoyment of all my faculties, except a slight deafiiess, mainly in 
my right ear. For my prolonged life, health, and use of my facul- 
ties, God, I thank thee. If consistent with thy will, still spare 
me, that I may continue to fulfill the duties of a parent, member 
and ofiicer in thy church, and a citizen of this Republic. I ask all 
in the name and for the sake of thy dear Son, my Saviour." 



1865. 

My time this year was occupied in general as it was in the 
previous year. About the same amount of it was required by 



AND COLLATERAL REMINISCENCES. 377 

my profession, which only took me to Yates County for a 
couple of days, and three times to New York, and these only 
occupied me altogether about three weeks. At Geneva it only 
took an hour or two on a few different occasions. 

Nearly the whole year was passed at Geneva. I went to 
Washington the latter part of January to ask for an order 
placing Alfred on light duty, which Mr. Stanton, the Secretary 
of War, readily and kindly granted. I was there only two or 
three days. Near the end of June, I went to Niagara Falls 
with Euphemia and a couple of young ladies, her friends. We 
were there only two days. Early in August, I took my sons, 
Robert E., Thomas, and William, to Sodus Bay, and spent a 
couple of days there fishing with them ; and near the end of 
October Mrs. Foot and I went to Harrisburg, Pa., to visit 
Mary and attend Alfred's wedding. 

In regard to the time passed at Geneva, the principal dif- 
ference between this and the preceding year consisted — 
First. In the time given this year to Avriting this biography 
and collecting facts for that purpose — and Second. In greater 
attention to the affairs of our church. 

I began this biography early in February, and wrote the 
preface on the 6th and 7th days of that month, and from that 
time forward, for several months, devoted considerable time to 
it. Our pastor resigned his pastorate in the latter part of 
June. In addition to my usual attention to the affairs of the 
church, I assisted in obtaining a successor, and conducted 
many of the weekly prayer meetings. 

The great victories over the rebels — the close of the war — 
the assassination of President Lincoln, and the condition of 
the country engrossed my thoughts, and occupied them for 
many an hour. 

The trial of the assassins by a military tribunal deeply in- 
terested the country, and the right of such a tribunal to try 
and execute them was earnestly discussed in the public jour- 
nals. These topics greatly interested me. My opinion was 
clearly in favor of the right of a military court to try and 
punish these atrocious criminals ; and while in the city in 



378 AUTOBIOGRAPHY 

May, I wrote a short article over my own name, and sent it to 
the New York Times for publication. It was published on 
the 15th of that month. It shows my opinion and views in 
regard to the proper tribunal to punish this greatest of crimes. 
It is No. 65 of " Papers Written by me." 

The condition of the rebel states, and the way they should 
be reorganized began to engage public attention early in the 
summer of this year. The few articles, which appeared in the 
public journals on the subject, showed that there was great 
diversity of opinion, and that the public mind was entirely un- 
settled in regard to the true condition of these states under 
our system of Government, and the manner in which they 
could again be brought into harmonious action with the loyal 
states. To render what assistance I could on this all-impor- 
tant subject, I wrote an article, early in August, in the form 
of a letter addressed to our Senators in Congress, in which was 
presented the result of my reflections upon it. 

This letter was first published in our village paper, and 
afterwards extensively in the public journals — was highly com- 
mended, and brought me many complimentary letters from 
distinguished gentlemen to whom copies had been sent. It 
was, I believe, the first publication which presented the true 
constitutional condition of the rebel states, and the principles 
and outlines of the measures on Avhich they were ultimately 
reconstructed. It is No. 66 of " Papers Written by me." 

Below in a note are a couple of letters, one from Chief 
Justice Chase and the other from Senator Morgan, given as 
specimens of those received by me ; also notices in two public 
journals likewise given as specimens of those taken of my 
letter.* 

* Washington, August 26th, 1865. 
Dear Judge : 

Accept my thanks for the instructive article you sent me. I wish 
that the counsels of such men may he heeded. 

Yours, sincerely, 

S. P. CHA8E. 

Hon, Samuel A. Foot. 



AND COLLATERAL REMINISCENCES 379 

This year, like the last, was marked by family incidents of 
great interest. 

Early in March, a work of grace was begun in the heart of 
my dear son, Kobert Ebenezer. He fell under a deep convic- 
tion of sin — was born again, and became a devout and earnest 
Christian, His letter to his parents announcing this great and 
happy change, and his subsequent letters to his brothers and 
to me, were full of interest and delightful. They showed a 
perfect work of grace, and that in this son, I had a true 
brother in Christ, He united with the Congregational church 
at Beloit on the 4th of May, and on the following Sunday par- 



Ne-w York, September 2d, 1865. 
Hon. Samuel A. Foot. 

My Dear Sir : — Your letter of the 16th ult. enclosing slii) from 
Geneva Courier, being a copy of a letter addressed by you to Senator 
Harris and myself, was received during a brief absence from the city. 
Before I returned here, I observed its republication in the Evening Post. 
* * * The letter was well worthy of republication. I hojje, my dear 
sir, you will always feel free to address me on public aflFairs, either pri- 
vately or publicly, whenever it may be agreeable for you to do so. Cer- 
tainly the important questions to be decided may, with great propriety, 
be examined and discussed by all our fellow-citizens, and especially by 
one so able and patriotic as yourself. 

Yours, very truly, 

E. D. Morgan. 

AVe copy from the Geneva Courier the letter of Hon. Samuel A, Foot, 
addressed to United States Senators Harris and Morgan, of this state, on 
the subject of reconstruction. Judge Foot indicates how justice might 
be done to all classes, and the states be restored without violence to the 
Constitution. He is an eminent jurist, and his views are worthy of the 
highest consideration. The problem he treats is one that must exercise 
the best minds of the nation for some time to come, and we are glad that 
Judge Foot finds a solution so agreeable to all friends of universal jus- 
tice and free suffrage. — Yates County Chronicle^ Penn Yan, NT. Y., Thurs- 
day, August 24th, 1865. 

The following letter, wliicli we copy from the Geneva Courier, pre- 
sents the views of one of the most eminent jurists of this state, on a 
subject which is at present of absorbing interest. It deserves careful 
perusa\ — Christinn Intelligencer, Thursday, August 34th, 1865. 



380 AUTOBIOGRAPHY 

took of the emblems of the broken body and shed blood of his 
Saviour. 

On the 10th of March, Thomas was suspended at Yale Col- 
lege for chastising a sophomore, who had entered his room and 
deranged its contents. The offence was not deemed an im- 
morality, and the President of the college gave him a letter 
which enabled him to enter the college at Beloit, Wis., which 
he did the last of April. 

Lawrence having been interrupted in his education by sick- 
ness, decided not to follow a profession, but engage in some 
general business, and finally selected that of a banker and 
broker in the city of New York. He left home for the city on 
the 5th of May, and on the following Monday commenced his 
clerkship in the banking-house in Wall Street of Thomas 
Denny & Co. 

Mary was married on the 15th of June to Dr. Roberts. 
They left us in the afternoon on their wedding tour. 

Alfred was married at Harrisburg, Pa., on the 31st of 
October, to Rebecca L. Foster of that place. He and his 
bride embarked at New York for San Francisco on the 21st of 
November with his regiment, which was ordered to Arizona. 

Euphemia spent the winter in New York with her uncle 
and aunt Clark, and the rest of the year at home, except the 
short trip to Niagara Falls already mentioned, and a visit of 
a few days to her sister Mary in October. 

Robert E. and Thomas spent their summer vacation at 
home, and returned to college early in September. 

George concluded to learn the business of a machinist, and 
entered the works of Mr. Dunning of this village in October. 

William came home from Peekskill the last of June, and 
did not return. He entered Dr. Reed's school on the 1st of 
September. 

The little girls continued at school in Greneva. 

On Monday the 23d of October, I made the following entry 
in my diary : 

"I should have mentioned in my diary some weeks since, that 
I have discontinued the service on Sunday afternoon of calling my 



AND COLLATERAL REMINISCENCES. 381 

younger children together, and inquinng Avhat they heard and 
remembered of the sermons. Two reasons have caused this dis- 
continuance. One, that my deafness prevents me from hearing all 
of the sermon ; the other, that the children are all now old enough 
to know and realize the value and importance of attention to the 
senices in church." 

A few extracts from my diary, showing my trust in God, and 
my gratitude for his mercies, will close the history of me and my 
family this year : 

Saturday, March 11th. — "Eeceived the gratifying intelligence 
yesterday that my son Eobert E. had become a Christian. He 
seems to have met with a real change of heart. God, I thank 
thee for this answer to the oft-repeated and earnest prayers of his 
parents." 

Saturday, October 14th. — '•' This is the birthday of my young- 
est child, Catherine, She is to-day thirteen years old. * * * I 
thank thee, God, for sparing my life, and allowing me to see my 
youngest child so far advanced in life." 

Sunday, December 17tli. — '• This is my birthday. I am to-day 
seventy-tive years old. God, thy goodness to me is beyond my 
power to express. Thou hast exempted me from the ordinary lot 
of advanced years. If consistent with thy will. Heavenly Father, 
still spare me, that I may be an instrument in thy hands to pro- 
vide for the children thou hast given me, and allowed to provide 
and fit them for the duties of this life, as well as prepare them for 
thy holy presence, when death shall remove them. I thank thee 
that I have been allowed to live till slavery has been abolished in 
my country, and that I have been allowed, by my sous and contri- 
bution of means which thou hast given me, to aid in the great 
work. If consistent with thy holy will, may I still live and have 
the use of my faculties, until the freedmen have their rights 
secured to them, and harmony prevails throughout our country, 
and until my children are educated and settled in life. Enable 
me by the aid of thy Spirit to live more closely in communion 
with thee, so that when thy summons comes, I may enter thy 
presence not only calmly but joyfully. I ask all in the name and 
for the sake of my dear Redeemer." 

Wednesday, December 20th. — "Yesterday was a happy day 



382 AUTOBIOGRAPHY 

for me. The morning papers announced the proclamation by the 
Secretary of State, issued the day before, that the constitutional 
amendment was adopted which abolishes slavery in this country. 
I returned to God in my private devotions deep and heartfelt 
thanks for this great boon to my country." 



1866. 

My profession this year required more of my time than in 
either of the preceding years, owing mainly to the temporary 
illness of Mr. Curtis on two different occasions during the year. 
It obliged me to make seven journeys to the city, and spend 
there altogether more than two months, and one journey to 
Rochester, and pass two days there ; also to give at home con- 
siderable attention to professional business and studies. With 
the exception of these absences, and a few others for purposes 
other than business, the year was passed at Geneva. 

The members of " The Geneva Literary and Scientific 
Association," noticing early in January this year, from the 
proceedings and debates in Congress and discussion in the 
public journals, that there was great diversity of opinion re- 
garding the distinctive features of "a republican form of 
government," which " the United States shall guarantee to 
every state in the Union," assigned their ascertainment as a 
topic for an essay to be read at their meeting on Tuesday even- 
ing the 30th of January, and requested me to write it. In 
compliance with this request I bestowed a good deal of 
thought upon it, wrote an essay, and read it before the Asso- 
ciation on the evening mentioned. It was received with great 
favor, and ordered to be published. I went to Albany a few 
days afterwards and had it printed in pamphlet form. 

In further reflecting on the subject, it seemed to me, that 
Congress might pass an act which should apply to all the 
states, and thus harmonize the diverse opinions which pre- 
vailed in regard to giving the freedmen a right to vote on the 



AND COLLATERAL REMINISCENCES. 383 

reorganization of the rebel states. I drew such a law, and 
had it printed in Albany. 

Being intensely earnest in my desire that the fruits of the 
war, which had cost me so dearly by the loss and sufferings of 
my sons, should be gathered by bringing back into the Union 
the rebel states under governments truly republican, I went 
to Washington, caused my essay and proposed law to be laid 
on the desks of members of Congress, handed to the President, 
the members of his cabinet, and other gentlemen of influence 
and distinction. I had interviews on the subject with the 
President, several members of his cabinet, a large number of 
Senators and Representatives in Congress, and other gentle- 
men. The measure was generally received with favor, but 
the objection made to it was, that it would be too strong and 
direct an interference Avith the right Avhich the states claimed 
and had always exercised to regulate elections — that such 
a measure could only be safely and successfully carried by an 
amendment of the Constitution. Still several members of Con- 
gress favored tlie passage of such a law, and a distinguished 
Senator introduced one to that effect and advocated its pas- 
sage. 

The essay is No, 67 and the law No. 68 of " Papers Writ- 
ten by me." 

After my return from Washington, my thoughts continued 
to dwell on the advantages to the country of adopting a meas- 
ure, which should reconcile conflicting opinions and harmonize 
all sections of the country, and also secure universal education, 
and thus perpetuate our Government. After bestowing much 
thought on the subject, I drew some amendments to the 
Constitution, consisting of three articles, had them printed 
and sent to members of Congress. 

Our village paper, the Geneva Courier, published these 
amendments with some comments upon them on the 21st of 
March.* They and the comments on them were republished 

* Of all the propositions and plans that we have seen offered for 
settling the pending questions before the country, respecting suffrage and 



384 AUTOBIOGRAPHY 

and favorably noticed in several leading journals. The Even- 
ing Post preceded them with the following heading and 
remark : 

representation, the following one, drawn, we understand, by a distin- 
guished jurist of our village, is the only one which seems to us just, fair, 
and reasonable. 

To reconcile conflicting opinions, avoid tlireatened complications, and Tiarmo- 
nise and settle the country on a true republican iasis. 

Resolved, by the Senate and House of Representatives of the United 
States of America in Congress assem))led, two-thirds of both Houses con- 
curring, that the following articles be proposed to the Legislatures of the 
several states as amendments to the Constitution of the United States ; 
■which articles, when ratified by three-fourths of the said Legislatures, to 
be valid, to all intents and puri)oses, as a part of the said Constitution, 
namely — 

Article I. — That every citizen of the United States, and every citi- 
zen of every state of the United States, who shall have resided in any 
state thereof for one year, shall be a citizen of the state in which he has 
so resided. 

Article II. — That every male citizen of every state of the United 
States, who is twenty-one years of age, of sound mind, and not a pauper 
nor convicted of an infamous crime, and who can read the Constitution 
of the United States in the English language, and write his name, and 
shall have resided in the state of which he is a citizen for one year imme- 
diately preceding any election in such state, shall be an elector of all 
elective officers, or legislators chosen at such elections ; and no person 
shall be such elector unless he shall have the above qualifications. But 
this Article shall not impair or affect the right of any person who, at the 
time of adopting the same, shall be an elector in any state by the laws 
thereof. 

Article III. — After the census to be taken in the year eighteen hun- 
dred and seventy, and each succeeding census, representatives shall be 
aijportioned among the several states which may be included in the 
United States of America, according to the number in each state of 
electors qualified as declared in the preceding Article II, and direct taxes 
shall be apportioned among the several states according to the value of 
the real and personal taxable property situate in each state, not belong- 
ing to the state or to the United States. 

These proposed amendments of the Constitution were printed some 
weeks since, and sent to prominent members of both Houses of Congress ; 



AND COLLATERAL REMINISCENCES. 385 

"SUFFRAGE AND REPRESENTATION. 

" Judge Foot of Geneva, who has written ably and acutely on 
various public questions which, within the last four years, have 
occupied the attention of the country, is the reputed author of the 
following plan of a uniform system of suffrage throughout the 
United States, in connection with a general basis of represen- 
tation." 

I wrote a full article in explanation and vindication of 
them, which was published by the Courier the following week. 
It is No. 69 of " Papers Written by me." Copies of it were 
printed and sent to the members of Congress of both Houses.* 

I considered it my duty this year to correct the injustice 
and great wrong, which I happened to find prevailed in this 



and we infer, from what we see at Washington, that the plan is gaining 
favor. It rests on the principles of equality and intelligence. These are 
the true basis of reijublicanism, and must in the end prevail. We can- 
not ask the South to give colored suffrage, which we refuse at the North. 
But, when we offer to do what we ask them to do, viz., to give the ballot 
to all^ North, South, East, and West, without distinction of race or color, 
who can read and write, they cannot object. This plan, too, harmonizes 
the institutions of the country, and makes education the great object to 
be sought by all. It jjlaces the country on the true foundation, upon 
which alone our institutions can stand and endure. 

If suffrage is made the basis of representation in Congress, with the 
only qualification, that a voter must be a male, 31 years of age, suffrage 
will be run into the ground, and ultimately destroyed, carrying with it 
our institutions, which rest upon it. For every state being anxious to 
have as many Representatives in Congress and votes for President as it 
can, will, to obtain that object, make as many voters as it can. This will 
create a strife among the states to increase voters, and the consequence 
will be, that everything in the country, or which may come into it, in 
the shape of a man, 21 years of age, will be made a voter, and thus so 
dilute and cheapen suffrage, as to render it valueless and odious, and 
ultimately destroy it. But give suffrage the educational qualification 
above set forth, then it may safely and rightfully be made the basis of 
representation. 

We intend to advert to this subject hereafter, and give our views 
more fully upon it. We are persuaded it is the only plan which can suc- 
ceed. — Geneva Courier., Wednesday, March 31, 1866. 

* See Appendix. 
25 



386 AUTOBIOGRAPHY 

town in the assessment of taxes. The subject is fully pre- 
sented and my action upon it, in the card below which I 
wrote, and was published in the Courier of the 12th of 
September : 

"Having reason to believe that my motive and object in the 
measures which I have taken, respecting the taxes of this town, are 
misunderstood by many of my neighbors and fellow-townsmen, I 
issue this card to set the matter right. 

" Having always regarded it as one of the ilrst duties of a good 
citizen to contribute his just share of the expenses of the govern- 
ment under which he lives, I have never made an investment, or 
done any act to withdraw any of my property from taxation, and 
when called on by the assessor, have always given the full amount 
of my personal property liable to taxation, and have been assessed 
and taxed accordingly, and have never, to my recollection, looked 
at an assessment roll until this year. But this year, on paying my 
village tax, I found that the assessment on my personal property 
had been raised from $6,000 to $7,500, and on looking at the 
assessment roll of the town, made for the state, county, and town 
tax, found a like increase there, notwithstanding I had given the 
assessor $6,000 as the amount of my personal property liable to 
taxation. This induced me to look at the assessment roll, to see 
if the same rigid course had been adopted as to others. To my 
surprise I found — First. What appeared to me from the general 
information I had, great and startling inecpialities, in the assess- 
ments of personal property. While some few of our wealthy citi- 
zens appeared to be assessed heavily for personal property, others, 
regarded equally wealthy, were assessed nothing. Second. While 
all mechanics, laborers, and persons of small property were on the 
assessment roll for all they had, such property being open to view, 
the large estates of the town, consisting generally of personal 
property, being invested in various ways and out of view, were not 
on the assessment roll. And thus the burthens of taxation faU in 
most undue proportion upon those least able to bear them. 

" Taxes now being heavy, and a heavy burthen, especially upon 
the laboring classes, this flagrant injustice to them and to those 
who are assessed to the full amount of their personal property, 
offended my sense of justice, induced me to consider the matter, 



AND COLLATERAL REMINISCENCES. 387 

examine the tax laws, and ascertain if there was a remedy under 
the laws as they now stood, and brought me to a conclusion that 
there was, and that it was my duty to my neighbors, especially 
those less able than myself to protect themselves, to pursue that 
remedy; not with the expectation that the injustice of the assess- 
ment this year can be fully corrected, but that hereafter tax-pay- 
ers, knowing their rights, may assert them. 

"It is obvious that the under-assessment of one tax-payer is 
just as great a wrong to another tax-payer as an over-assessment 
of the latter. Hence a remedy to the injustice mentioned can 
only be sought by complaining of -the under-assessment of 
those tax-payers not assessed on their property liable to assess- 
ment. 

" To prevent all pretence of personalities and disrespect to 
individuals, complaints were entered for under-assessing three of 
our most prominent citizens, holding official positions, the owners 
of three of the largest estates in town, and two of our most active 
and wealthy business men. 

"Samuel A. Foot. 

" Geneva, Sept. 9th, 1866." 

My views of the law and the correctness of my action in 
the matter were fully sustained by the Supreme Court of this 
district.'"' 

* We publish below an interesting and important decision of Judge 
E. Darwin Smith, lately made at Special Term, on the complaints of 
Judge Foot, of our village, against the assessment roll of our town, lie- 
cause men of acknowledged wealth were assessed nothing for personal 
property, and others under-assessed for the same property. 

The opinion fully sustains Judge Foot's views of the law, and estab- 
lishes the right of a tax-payer to object to the assessment roll, because 
other tax-payers are either assessed nothing or are under-assessed for real 
or personal property. 

Judge Smith further decides, that the decision of the assessors on the 
objections and complaints of a tax-payer is final, and that an appeal from 
their decision does not lie to the Board of Supervisors as the law now 
stands. In this particular we think the law ought to be amended, so as 
to give an appeal to the Board of Supervisors, that the errors of the 
assessors, if any are committed, may be corrected : 



3SS AUTOBIOGRAPHY 

My time at Geneva, this year, was employed as it generally 
had been in previous years, with only one material difference. 
The writing of this biography had been suspended for more 



Supreme Court — The People ex rel. Sam'l A. Foot, vs. The Board 
OP Supervisors of Ontario County. Monroe County Special 
Term, November, 1866. Smith, Justice. Motion for Mandamus. 
Folger & Mason for Relator, T. R. Strong for Respondent. 
By tlie Court — E. Darwin Smith, J. : 

If this application were fpr a mandamus to the Assessors of the Town 
of Seneca, to require them to proceed to hear, consider, and determine 
the complaint of the relator in respect to the omission of the said 
assessors to assess the several persons named in his affidavit for the 
respective amounts of personal property sjiecified therein as represented 
by him to the said assessors, and such application was made while the 
assessment roll was still in the hands of the said assessors, it would have 
presented a very diflfereiit question from the one now presented to the 
court. 

The affidavit of the relator states, that he represented and stated to 
said assessors, and complained of it as a grievance to him as a tax-payer 
of said town, that the said assessors had omitted to insert or include in 
the assessment roll prejoared by them, about the amount of $300,000 of 
personal property liable to taxation in said town. I have no doubt that 
this was a grievance of which any tax-payer of said town had a right to 
complain, and that if the representation were true, that it was an error 
which the assessors might then have corrected, and which it was their 
duty to rectify as much as if they had omitted by mistake the names of a 
portion of the tax-payers of said town to the same amount. 

The assessment roll was a mere preparatory or provisional roll, and 
subject to any amendment or alteration which the assessors deemed just 
and proper while it remained in their hands, and before it was delivered 
as completed to the Supervisor of the town. It was a mistake, I think, 
on the part of the assessors to decide that they had no authority to hear 
and determine the said complaint of the relator so made to them. 

The law required them to give notice that a copy of such roll was left 
with one of their number, where the same might be seen and examined 
by any person interested, until the third Tuesday of August, and that on 
that day the said assessors would meet at a time and place, also therein 
specified, to review their assessments. 

On the application of any person conceiving himself aggrieved, it was 
their duty on such day and jilace to meet and "hear and examinees 



AND COLLATERAL REMINISCENCES. 389 

than a year, in consequence of doubts in my mind, in regard 
to the advantage it would be to my children and grandchil- 
dren. But after mature deliberation, I determined to j^i'o- 
ceed with it, and on the 28th of November made the following 
entry in my diary : " I have determined this morning to pro- 
ceed with and complete my autobiography for my children." 
From that time forward I devoted considerable of my time at 
Geneva to that object. Only two days this year were given 
to recreation away from Geneva. They were the 16th and 
17th days of August, which were spent in going to Sodus Bay 
to fish with my daughter Euphemia and my sons Lawrence, 
Robert E., and William. 

This year, like the two preceding, was marked by family 
incidents, some of which were of deep interest. 

At the beginning of the year I was ordained an elder in 
our church, having, a few weeks previously, been re-elected 
against my expressed wish and opinion. Having been re- 
elected biennially for a number of successive years, I con- 

c^mplaints, in relation to such assessments, that may be l)rought before 
them." 

This meeting was to review their assessments, and to hear and examine 
all complaints in relation to such assessments. 

This right of review is not, I think, limited by the act to so simple a 
correction as amendment of the assessment roll "on the application of 
any person considering himself aggrieved thereby," to the particular 
assessment of the person making such complaint, as was the case before 
the statute was amended in 1857. I think any tax-payer may complain 
of any injustice, inequality, and unfairness in the assessment roll, and 
that it is the duty of the assessors to consider, hear, and determine such 
complaint. But their decision is final and conclusive on such questions, 
and it is for them to determine how much justice or merit there is in any 
complaint so made to them. 

In this particular, therefore, I thuak the assessors erred in deciding 
that they had no power to hear and determine the complaints of the 
relator. 

But their decision upon this question cannot be reviewed by the 
Board of Supervisors. 

A copy : V. M. Smith, Clerk. 

— Geneva Courier^ "Wednesday, November 28th, 1866. 



390 AUTOBIOGRAPHY 

siclered it contrary to the polity of our church, which 
contemplates biennial changes in the consistory, to hold the 
office any longer. Being strongly urged, I consented to hold 
it for another term, with the understanding that at the end 
of that I was not to be re-elected. 

My co-elder and friend, Wm. N. Clark, having been dis- 
al)led by sickness, and being more at home than I had been 
in former years, I took his Bible class in the Sunday-school, 
and instructed it for several months ; but my imperfect hear- 
ing obliged me to relinquish this pleasant duty. 

Thomas was quite sick at Beloit for several weeks in the 
"winter of this year, and he and Robert E. came home in the 
forepart of February. With my approval they did not return, 
and concluded to complete their college course in Hobart Col- 
lego of this village. They entered it on the 1st of March, 
Robert E. as junior, and Thomas as sophomore. 

On the 18th of March an event of deep interest occurred. 
Four of my children united with our church — Robert E. on 
certificate, William, Jane, Eliza Campbell, and Catherine on 
confession. The conversion of these four youngest of our chil- 
• dren was clearly a thorough work of grace wrought in their 
young hearts by the Holy Spirit. Your mother and I were 
profoundly grateful to our Heavenly Father, for bringing 
these young lambs into the Saviour's fold. 

On the voyage from New York to Aspinwall, near the close 
of the last year, Alfred was attacked with hemorrhage from 
the lungs, which greatly reduced him. He, however, recovered 
sufficiently to continue with his regiment to San Francisco, 
and from there to Dum Barracks on their way to Arizona ; 
but he was too feeble to go farther, and was placed on light 
duty there. He had another severe hemorrhage near the last 
of March, from which it was thought he could not recover. 
He did, however, sufficiently to obey an order, issued the 1st 
of May, directing him to appear before the Retiring Board at 
Philadelphia, Pa,, for examination. He and his wife arrived 
at Mullrose on the 22d of July, with liis health greatly im- 
proved. They remained with us several days, and then went 



AND COLLATERAL REMINISCENCES. 391 

to Harrisburg, Pa. He aj^peared before the Eetiring Board, 
was examined, and on the 5th of November reth-ed from active 
service. His health continued to improve, and to such a 
degree, that at the close of the year he regarded himself as 
quite well ; yet was unfit for active service, by reason of his 
imperfect arm and weak leg. 

On the 12th of May Mary gave birth to a well-formed, 
promising boy. He was baptized on the 21st of October and 
named Edmund Wilson Roberts. Yom' mother and I were 
present at the baptism, and I, at the request of the parents of 
the child, accepted the position of godfather, in accordance 
with the Episcopal form. Your mother and I met at Harris- 
burg on this occasion, she direct from home, and I on my way 
home from New York. 

About the middle of August some occurrences led Robert 
E. to propose starting out in life for himself. I acceded to 
the proposal, regarding it as likely to prove beneficial to him. 
It was arranged that he should leave home on the 1st of Sep- 
tember, which he did, and went to Harrisburg and assisted his 
brother-in-law. Dr. Roberts, in his office and business ; but not 
liking the profession of medicine, and determined to become a 
lawyer, he went to New York in October and entered the office 
of Messrs. Scudder & Carter. 

Euphemia passed the winter with her uncle and aunt 
Clark in the city, visited her sister Mary in May, and in Sep- 
tember engaged herself in marriage to Worthington Whit- 
tredge. On the 29th of that month he asked the consent of 
her parents to their marriage. Your mother and I freely gave 
it. 

Alfred's wife presented him with a well-formed, healthy 
son on the 24th of October, to whom they gave my name, 
Samuel Alfred. 

Lawrence remained this year in New York. George in Mr. 
Dunning's establishment till September, when he withdrew, 
not liking the business, and went to Dr. Reed's school. Wil- 
liam continued at Dr. Reed's school, and our three youngest 
daughters at school in Geneva. 



392 AUTOBIOGRAPHY 

A few extracts from my diary will show my continued 
trust in my Heavenly Father and my gratitude for his 
favors : 

Monday, March 19th. The day after my four youngest chil- 
dren joined the church. — " Gracious God, I record my thanks for 
calling so many of my children into the fold of the Lamb." 

Saturday, September 1st. The day Eobert E. left home to 
commence life for himself — " To thee, God, do I commit him — 
watch over him, I entreat thee — fill him with thy Spirit — give him 
success in life — make him a useful citizen — an active and exem- 
plary member of thy church on earth, and a blessing to his 
family. I ask all for Christ's sake." 

Saturday, December 15th. — " This is the birthday of my very 
dear, dutiful, and aflFectionate wife. She is to-day fifty-eight years 
old — in good health, with the full use of all her faculties, and with 
the same figure she had when we were married. For this dear 
companion and her spared life, gracious God, I thank thee. Take 
her not from me, I entreat thee, for Christ's sake." 

An infinitely wise, beneficent, and merciful Grod did not 
grant this last petition. This was her last birthday on earth. 
The history of the next year will show what an unspeakable 
bereavement was brought on me and my children. 



1867. 

This year opened as previous years had, with fair prospects 
of life, health, and happiness for me, my companion, and our 
children. I left home on the 3d of January, to fulfill profes- 
sional engagements in the city and at Albany, which detained 
me till the 21st of that month, when I returned home and 
found my family well and happy. In my diary of the next day, 
after giving an account of my journey to and from the city, 
and of the manner of passing my time while there, I add a 
record of thanks, like those usually made when returning home 
under similar circumstances, as follows : " Thus, gracious God, 
thou hast answered my prayer — kept me and mine safely dur- 



AND COLLATERAL REMINISCENCES. 393 

ing our separation, and permitted us to meet again happily 
and safely. I thank thee, and entreat thy continued favor, for 
Christ's sake." 

My usual duties at home were resumed, and our days were 
passing pleasantly. On Monday afternoon the 28th of Janu- 
ary, the sleighing being good, your mother and I took a ride 
in the single sleigh. After some errands in the village, we 
rode a few miles, both of us well, happy, and cheerful. Pass- 
ing, on our way homeward, the residence of our neighbors and 
friends, Mr. and Mrs. Wm. N. Clark, we called to see them. 
While conversing with them, your mother said, " I feel ill," 
and sliortly afterwards added, in a more earnest tone of voice, 
" I am very ill." I was sitting near her, and asked her if she 
was faint. She answered by a single word, " Paralysis ; " and 
this was the last word she ever spoke. Medical aid was imme- 
diately obtained. We took her home. Though unable to 
speak, she continued conscious till about 12 o'clock that night, 
when she became unconscious, and remained so till 10 o'clock 
on Wednesday evening following, when she expired. 

To this account of her sickness and death, I add in my 
diary of the next day (31st of January) the following : 

" Thus has closed a life of considerable length (she was fifty- 
eight last December), and of great excellence and usefulness. She 
has borne fourteen children, all healthy and without physical or 
mental defects. One was accidentally drowned when two and one- 
half years old. The others we have been permitted to raise. The 
youngest is now in her fifteenth year. Mrs. Foot has been a most 
watchful, faithful, and prayerful mother, and under God, the 
instrument of raising this large family of children. She has been 
an unpretending, yet earnest and active Christian. She loved and 
trusted in her Eedeemer, and her spirit, I feel certain, now rests in 
the bosom of her God. Her death is a heavy bereavement to me. 
Enjoying as she did good health, and being my junior by eighteen 
years, I looked forward with certainty to enjoying her companion- 
ship and care till the grave received me ; but an infinitely good 
God, for his own wise purposes, has ordered otherwise, and I am 



394 AUTOBIOGRAPHY 

left alone to complete our joint work of educating our younger 
children. I pray that He will spare me till that work is finished. 

'• And now, gracious God, I record my heartfelt thanks to thee 
for giving me this truly dear companion, and sparing her life so 
many years to me. Oh, may I be prepared and allowed to join 
her in thine own good time, in those mansions of rest, thou hast 
provided for those who love and trust in the Eedeemer." 

On Sunday afternoon, the 3d of February, after prayers by 
our pastor at the house, the remains of your dear mother were 
taken to our church, where hymns were sung, prayer offered, 
portions of Scripture read, and a brief and appropriate address 
delivered by our pastor. The remains were then taken to the 
cemetery and interred by the side of her sons. 

All the children were present ; also Mr. Whittredge, your 
uncle and aunt Clark, and your uncles John and George W. 
Campbell. 

Your mother was universally loved and respected. The 
church was filled with our neighbors and friends, and a large 
concourse followed the remains to the grave. 

A friend, not a relative, who knew your mother well, wrote 
and published in "The Geneva Gazette" of the 1st of Feb- 
ruary, the following tribute to her memory : 

" Our whole community was startled last Tuesday evening by 
the report that Mrs. Foot had been stricken down by paralysis. 
The interest was universally felt ; and now that the blow has ter- 
minated in death, it is hardly extravagant to describe the general 
grief in words like those of the prophet : it seems that there is 
not a house in Avhich there is not one dead. 

" The memory of this noble and lovely woman is associated 
with all that, in the range of female influence, is refined, ele- 
vating, and beneficent. Placed by character and social relation- 
ships in a high position, there is no one of us who can recall any 
event or action of her life which was not fully in harmony with 
the obligations which this position imposed. We look back upon 
her long abiding amongst us with unmingled satisfaction, grati- 
tude, and pride. Her house was the centre of a generous, grace- 
ful, and refining hospitality. Her heart and hand were ever open 



AND COLLATERAL REMINISCENCES. 395 

to the calls of charity. Her stately, dignified, yet simple and 
genial manners won the love and admiration, and formed a most 
attractive model for the imitation of the young. But most and 
noblest of all, the energy of a strong will, and a vigorous and culti- 
vated understanding, all the gentle and winning graces of the 
woman, and all the circumstances of prosperity and station, were 
consecrated to the glory of Him who gave them. ' Death came up 
into her windows,' and sorrow in its most trying forms varied the 
general tranquil tenor of her life ; but amid all its mutations, she 
maintained the uniform serenity and impressive resignation which 
can result only from Christian discipline, confidence, and hope. 

Those who were most intimate with the life of Mrs. Foot look 
back with most respect and admiration to the manner in which 
she discharged her arduous and multiform domestic duties. The 
high professional and judicial position of her distinguished hus- 
band called him much to places far away from home, and the 
cares of a numerous family, the duties of a lil^eral hospitality, and 
the oversight of a large domestic establishment were thrown 
entirely on her, who, by her wisdom, firmness, and energy, was 
fully adequate to encounter all the responsibilities. She was, in 
all her relations, a noble model of a Christian lady. Her memory 
will be dearly cherished by friends and associates who have known 
and lived near her, and here and elsewhere will bless God that he 
has permitted her to dwell upon the earth. They sympathize with 
her venerable husband, and her bereaved children, as if they 
belonged to the same household. 

" Geneva, Jan. 31, 1867. E." 

The Christian Intelligencer of the 14th of February contained 
the following notice of her death and funeral : 

" ' The Lord gave and the Lord hath taken away.' May those 
so severely afflicted l^y this sad dispensation, by the grace of God, 
say, ' Blessed be the name of the Lord." Mrs. Foot, wife of Hon. 
Samuel A. Foot, of Geneva, N. Y., and daughter of the late 
Samuel Campbell, of New York city, fell asleep in Jesus, Wednes- 
day, January 30th. having been stricken down with paralysis on 
the previous Monday. One who had known her long and well, 
thus AVTote of her on Thursday, January 31st, for one of the vil- 
lage papers : " (Then followed the article from the Gazette.) 



396 AUTOBIOGRAPHY 

" The funeral was attended at the Keformed Dutch church of 
this village, on the Sabbath, and a vast concourse of sympathizing 
friends met in the house of God to mourn with the large family 
of bereaved and sorrowing ones. The husband and all the chil- 
dren were able to be present. The services were exceedingly 
solemn and impressive. The aim of the pastor of the deceased 
seemed to be to impress the living rather than to praise the 
dead. 

" In his short address, which occupied less than ten minutes, 
he called the attention of the audience to the precious promise of 
our Saviour : ' Peace 1 leave with you, my peace I give unto you ; 
not as the world giveth give I unto you.' " 

" The promise of peace as a gift, and as a Divine gift, was 
dwelt upon, and thus was illustrated the truth, that what Christ 
promises and so freely gives, is given in his OAvn way. ' Not as 
the world giveth give I unto you.' ' Our way,' said he, ' would 
have been to retain for many years one so much beloved and so 
greatly needed in her family and to the church, where for nearly 
twenty years she had been so useful, and in the community in 
which she was so greatly honored; but Grod's ways are higher than 
our ways.' 

" Then came the assurance, that in this Providence, which we 
cannot comprehend, there is a blessing, which, through the teach- 
ing of the Holy Ghost, will bring an abiding peace to those who 
open their hearts to receive it. An affectionate appeal was made to 
all Christians, and especially to Christian mothers, to be faithful, so 
that if cut down and taken away from their children, there might 
be left the legacy of a prayerful life — a ' life hid with Christ in God.' 

" The services of last Sabbath afternoon will not soon be forgot- 
ten in Geneva. May the Lord sustain His stricken servant, for 
many years an elder in the Church of Christ, and spare him many 
years to watch over the large number of motherless children. We 
all feel that we have lost a ' mother in Israel.' The pastor, in his 
sadness, as he returned from the grave, remarked that he felt as 
though he had buried one of his own household. This is the pre- 
vailing sentiment among those Avho knew the deceased, and knew 
her but to love her. God grant that the prayers of more than 
thirty years of her active Christian life may yet be answered. 

" Geneva, N. Y., Feb. 6, 1867." 



AND COLLATERAL REMINISCENCES. 397 

Your mother's death was mourned by all who knew her. 
I received a large number of letters of sympathy and condo- 
lence. Have preserved them all, and in all of them the loveliness 
and excellence of her life and character are jjortrayed in warm 
and unqualified language. I subjoin two of them from 
friends, who were well acquainted with your mother.* 

* Newark, N. J., February 7th, 1867. 

Hon. Samuel A. Foot. 

Dear Sir: — I have only just now received the particulars of your 
sudden bereavement. The utter insufficiency of all human symjjathy at 
a time like this, lias caused me to hesitate about addressing you on the 
subject of your great sorrow. But it is more to relieve my own heart 
than with the expectation of aflfording the consolation, which must come 
from a higher source, that I add my testimony to a life so bright and 
beautiful as that of your dejiarted wife. 

The sunshine and shadows of a pastor's life come, indeed, from mnds 
above the atmosphere of ordinary social associations ; but then God in 
his mercy, sometimes vouchsafes to his church such reflections of himself, 
as seem to keeji up the steady unflickering flame of faith, and encourage 
the hearts of his servants who labor in holy things.* Now that I look 
back upon the years during which it was my privilege to minister where 
Mrs. Foot worshipped, I recall her to my memory as among the cher- 
ished gifts of divine grace, to manifest not only the loveliness and silent 
power of a Christian wife and mother, but also the mild, yet radiant, 
influence of a child of light, amidst the darkness of tlie world — as such 
she still lives for all of us, who hojie to meet her in another and brighter 
world. Although she was called ujion to fullill the conditions of her 
profession in the experience of tribulation, yet in all her life, as I remem- 
ber it, she cast no shadow upon her Christian faith. Brighter and 
brighter to the perfect day. Her day of departure could have known no 
darkness. She was spared the lingering pains of slow decay, and trans- 
lated without the terrors of death to the immortal company of the 
redeemed and the Redeemer. She has gone to add another to the assem- 
bly that awaits us in the home that is gathering in one after another of 
the family of heaven. To you, my afflicted brother, there must ever be 
the consolation that others may not share. I have not written to inter- 
meddle with that. I rather seek to embalm in my own memory the 

* Dr. Abeel was pastor of the Reformed church in Geneva for several years after we 
removed to that village, and also for many years previously, and wc always attended 
that church when on our summer visits to our relatives, Mr. and Mrs. D. L. Clark. 

S. A. F. 



398 AUTOBIOGRAPHY 

There were characteristic features of your mother's life, 
which made her an eminent example of an American, Chris- 
tian, wife and mother. 

She was not extravagant or ostentatious in anything — al- 
ways dressed so appropriately as not to excite remark for super- 
fluity or deficiency — was always ready, willing, and desirous to 
keep our expenses within our income, and never wished an 



graces of a character which has cheered me in past trials, and throws a 
gleam upon the little remnant of my declining days. 

With the assurance of a deeper sympathy than can be exjiressed by 
words for you and your bereaved family, 

I remain, truly yours, 

GusTAvus Abeel, 



New York, February 10th, 1867. 

My Dear Judge Foot. 

It is not without hesitation, that I venture to intrude into the sanctu- 
ary of your grief, yet I cannot forbear expressing my own sadness, as 
well as sympathy, in your sorrow. You have great cause for sorrow, but 
I hope you will remember, that you have great cause for gratitude to 
God, and that this greatness of your loss is owing to his goodness ; for 
if he had not blessed you with such an inestimable gift, you could not 
now have to dejjlore such a loss. May this consideration helji to make 
you submissive to His will exercised in this sore dispensation. 

I am thankful that I had the hajDpiness of being acquainted with Mrs. 
Foot. As long as I retain life, I shall cherish, with the liveliest interest, 
my recollection of her, as one of the most lovely persons I have ever 
known. 

Let us remember, with gratitude to God, his mercy connected with her 
life and death. He spared her to be a blessing to you and your family, 
and an ornament to society, for many years ; and when the Master called 
for her, she was spared a long and withering decline, " Like a morning 
dream she passed in light away." Death to her is a past event, and no 
longer casts its dark shadow over the future, or fills her heart with hor- 
ror and dismay. She is now where there will be no sin, no fear, no care, 
no sorrow, but perfect peace and holiness, and immortal youth will be, 
or rather is, her future portion forever. 

With sincere sympathy, your friend, 

Marshall S. Bidwell. 

The Hon. Samuel A. Foot. 



AND COLLATERAL REMINISCENCES. 399 

outlay for any purpose, and especially not for her own grati- 
fication, which we could not afford. She was an excellent 
housekeeper, and not only superintended generally, hut at- 
tended carefully to the details of her household affairs, and 
when the occasion required, applied her own hands to the 
work. She knew how, and could direct how, every culinary 
operation should he performed. 

She did not leave her children to the care of nurses, and 
seek enjoyment and amusement away from home. She was a 
most faithful and attentive mother. Her care of her children 
was constant and unfaltering. She spent large portions of 
each day with them in the nursery and play-house, which I 
had erected for them, and in walking and riding with them. 
She allowed no favorable opportunity to direct their thoughts 
heavenward to pass unimproved. 

She had a thorough English education, and wrote readily, 
pleasantly, and in a beautiful hand. She was fond of reading, 
not overwrought novels and such flashy stuff, but books which 
added to her stock of useful knowledge. So systematic and 
orderly was she, in the management of her household, that she 
found time to read and write, and give instruction, more espe- 
cially religious instruction, to our children. She scarcely ever 
failed to write me every other day, and sometimes every day, 
when I was absent from home beyond a few days. She wrote 
her sons, when away from home at school, and her daugh- 
ters, when absent on visits, usually once a fortnight and some- 
times oftener, and scarcely ever failed in her letters to them, to 
say something, and oftentimes a great deal, to direct their 
thoughts heavenward. Nor was she an inattentive corre- 
spondent with relatives and friends. 

She had a refined and highly cultivated musical taste, and 
a melodious and clear voice. Her talent and attainments in 
music were not used merely for entertainment and enjoyment, 
but were exerted to turn the thoughts and feelings of her 
children into holy and heavenly channels. She was fond of 
flowers, and bestowed considerable time and attention upon 
their cultivation. She knew the names of all the choice ones, 



400 AUTOBIOGRAPHY 

and had quite a large collection for an amateur. She was 
gentle, graceful, and dignified in her manners, always calm 
and considerate, and never made a rude and unlady-like 
remark, and what often struck me as remarkable, amid all her 
varied duties, she never seemed to be hurried, but to have 
time for each. 

She was eminently successful in the management and 
government of her domestics. We had so large a family of 
children, that we were obliged to employ a large number of 
domestics. It was no easy task to preserve order, quiet, and 
regularity with such a household, yet your mother did it with- 
out apparent effort, and simply by observing a few rules for 
her own conduct : 

1. She treated all the domestics with the consideration due 
to them in their positions, and was careful never to give an 
unreasonable order. 

2. She never conversed with them on any topics except 
those which related to their duties. 

3. She never corrected them for faults at the time the 
faults occurred, but waited till calmness succeeded excite- 
ment. 

4. She never employed one till diligent inquiry established 
trustworthiness. 

5. Never dismissed one suddenly. An observance of these 
rules avoided all difficulties with our domestics, and enabled 
us to obtain the services of the best ones. 

Your mother always declined all offices of Ladies' Benevo- 
lent Societies, and all public demonstrations of charity, 
though no one was more faithful and attentive than she, to 
the wants of the poor within the range of her observation and 
knowledge. She shrank from all pretension and display. Not 
only her feelings and sense of propriety, but the well con- 
sidered conclusions of her judgment led her to limit her sphere 
of duty to her home, family, and household. Were she here, 
her unwillingness to encounter notoriety would doubtless lead 
her to recoil from putting in print this account of her, but I 
think I could persuade her, that her example ought not to die 



AND COLLATERAL REMINISCENCES. 401 

with her, and that a record of it should be preserved for the 
benefit of those who will succeed her in filling spheres of duty 
like hers. 

With the assistance of your Aunt Clark, I distributed your 
mother's wardrobe among her daughters, sisters, and nieces, 
and erected a monument over her grave. This w\as completed 
under my superintendence on the 30th of August, and in my 
diary of that day I write : " On coming home from the ceme- 
tery, and feeling this was the last duty on earth to my dear 
companion, it seemed to me as if I Avas thrown again on the 
world alone, with a Avide field of duty and effort before me ; but 
the thought of my advanced age showed me, that the limits 
of this field were naiTow." 

After your brothers John and Samuel C. were taken from 
your mother and me, and they had joined in heaven, as we 
felt sure they had, our dear little Robert, we often talked of 
the joy of meeting and recognizing all of them in heaven. In 
1863, the year after the death of these, our eldest sons, my 
professional brother and friend, the Hon. Marshall S. Bidwell, 
and I, interchanged some letters, and among other topics, ex- 
pressed our views respecting the recognition of loved ones in 
heaven. He had thought much on the subject, for Mrs. Bid- 
well, one of the loveliest ladies a gracious God ever gave to a 
husband for a companion, had been taken from him by death. 
He gave me his views in full in a letter,* which your mother 

* New York, April 14th, 1863. 
My Dear Judge Foot : 

I have no doubt that friends will recognize each other in a future 
state. This is to be inferred from the instincts and affections of our 
nature, and it is implied in various passages in the Sacred Scriptures — 
such as the parable (as it is called) of the rich man and Lazarus, the 
appearance of Moses and Elijah in a form capable of identification on the 
Mount of Transfiguration, and the assurance of Paul, intended for the 
comfort of bereaved mourners among the Thessalonians, that their 
departed friends, who slept in Jesus, God would bring with Him — an 
assurance which would give no comfort, but would be a mockery, if they 
would not recognize each other when they met. 

Such a recognition involves an idea, which has occupied much of my 
26 



402 AUTOBIOGRAPHY 

and I read several times, and often spoke of. This letter has 
been a comfort to me, as it contains my views on that most 

thoughts since my great bereavement. Our departed friends remember 
US ; they have not forgotten, will not forget us — indeed, their recollection 
of us is more vivid and more perfect than ours can be of them here, en- 
compassed with infirmity. In that state there will be no infirmity, no 
imperfection, no decay, no weariness, no weakness. These are the condi- 
tions and attributes of mortality. They tend to death, and inevitably 
produce it, if we do not, by food, rest, and sleep, counteract their constant 
tendency. But in that state, death is unknown, and the immortal being 
need not to have his strength recruited or repaired. There will be no 
forgetfulness there. 

It is j)robable that death does not suspend, for an instant, thought or 
consciousness, but that the soul jDasses into the other world without the 
cessation of thought. To this conclusion reason leads us ; and it may be 
inferred from analogy. In our present state knowledge seems often to 
fade away. The scenes of former years are forgotten ; but we know 
from daily experience, that although dormant, they exist in our minds. 
How often do scenes long passed away revive to view ! Striking exam- 
ples of this latent power of memory are recorded in the case of persons 
recovered from drowning. They have had all the occurrences of their 
lives presented to their minds as suddenly as a flash of lightning, and 
spread out before them like a landscape. This is a faint illustration of 
the experience of the soul after death. We are not left, however, to 
reason the probability on the subject. Revelation teaches us most ex- 
plicitly and most emphatically, that every one must give account to God 
of all the deeds done in his body, and that we are to answer for every 
idle word, and for every sinful thought and corrupt inclination of the 
heart— an account which we could not render, if we did not remember 
all the events, thoughts, and feelings of our lives. 

I come to the conclusion, therefore, without a doubt, that our de- 
parted friends remember us, and will not cease to do so. Equally am I 
convinced, that in a state of perfect felicity and blessedness, their affec- 
tion for us remains unabated and is probably more intense than when 
they were with us in the flesh. Conjugal, paternal, filial, fraternal affec- 
tions are holy— are enjoined expressly by divine authority. The soul 
will not lose at death any holy affections. Charity (that is, love) never 
faihth. I think we have the most solid grounds for the conviction, that 
the dear ones who are in heaven remember us with the tenderest affec- 
tion. This is not a mere wish, a mere surmise, a mere speculation, a 
mei'e sentiment, but it is a conviction of my understanding, of which I 



AND COLLATERAL REMINISCENCES. 403 

interesting subject, and which I had entertained for many 
years, and were first impressively presented to me by reading 
the Rev. Jonathan Edwards' Sermon, delivered in December, 
1740, on the text from Romans, 2 : 10, " But glory, honor, 
and peace, to every man that worketh good." 

The certainty of meeting and recognizing in heaven, those 
near and dear to me on earth, and who have been called home 
before me, is the great sustaining poAver, which has held me 
up under the many bereavements, and this last deep sorrow, 

am as sure as I am of any truth that rests upon reason and revelation. 
It is full of consolation and joy to my heart. It seems something like 
calling them back to us. It \?, probaMe also, that they have a knowledge 
of all our actions and feelings, &c. They are " as the angels in heaven." 
There is joy in heaven, there is joy among the angels, over one sinner 
that repenteth. Will not a mother in heaven have knowledge of the 
repentance of her son, while there is joy in heaven over his repentance ? 

" Are not all angels ministering spirits, sent forth to minister for 
them who shall be heirs of salvation? " May not the sj)irits of the just 
made perfect, who are as the angels of God, be permitted to share in 
these labors of love for those dear to them ? 

On these points we have no certain information, but we have some 
grounds to think it probable, that our sainted friends may be employed 
in some way for our welfare and happiness. 

I have indulged my feelings in writing to you thus freely on topics, 
which I supi^ose will be interesting to you as well as myself. We shall 
soon know these matters experimentally. Now we see through a glass 
darkly. Still, although our views are dark, we can discover heavenly 
things through the gospel. Without it, all beyond the grave is im- 
penetrable darkness ; for there is none other name under heaven given 
among men whereby we must be saved, but that of Jesus Christ. If 
Christianity is not of God, we are all without hope. 

" Let reason vainly boast her power 
To teach her children how to die, 
The sinner in a dying hour 
Needs more than reason can supply, 
A view of Christ, the sinner's friend, 
Alone can cheer him in the end." 
* * » * * 

Your friend, 

Mabshall S. Bid well. 
To the Hon. Samuel A. Foot. 



404 AUTOBIOGRAPHY 

which an infinitely wise, good, and merciful God has brought 
upon me, not, I trust, to punish me, but in love to prepare me 
for His presence, which I hope to enjoy forever after my body 
is laid in the grave. 

Being deprived of the judicious management and watchful 
care of your mother over the establishment and household, I 
deemed it my duty to be absent from home as seldom and for 
as short a time as possible. I did not allow professional busi- 
ness to take me again to the city this year. I went to Albany 
early in October for a single day, and argued a cause in the 
Court of Appeals — to Rochester for a couple of days in Sep- 
tember, to argue a cause in the Supreme Court, and twice to 
Canandaigua in September and October, for a single day each 
time, to attend to some business before the Surrogate. These 
were all my absences on professional business, and there were 
but two others, and they were for a few days the last of April 
and first of May in the city, to attend to some individual mat- 
ters, and for a few days in November to visit my children in 
New York and Harrisburg. 

Correspondence, writing my biography, and domestic mat- 
ters occupied most of my time after your mother's death. I 
read scarcely anything beside the daily papers, and social 
duties did not extend much beyond attention to friends who 
called, except for a few days in June. 

The G-eneral Synod of our church held a session in this 
village early in June, which continued nine days. Rev. Dr. 
and Mrs. Abeel and the Rev. C. Van Santwood were my 
guests during the whole session, Judge J. Sanders during a 
part of it, and the Rev. Dr. Isaac Ferris dined daily with me. 
Besides these regular guests, from three to five members of 
the Synod, on my invitation, dined daily with me. These 
were pleasant days. 

I was a member of the Synod, being a delegate from the 
Classis of Geneva. A very interesting subject was before the 
Synod. It was the discarding of the word " Dutch " from the 
name of our church. I was strongly in favor of it, and spoke 
twice upon it. The measure was carried by a strong vote and 



AND COLLATERAL REMINISCENCES. 405 

referred to Classes for their action. It was earnestly discussed 
during the summer in the Cliristian Intelligencer, our denomi- 
national paper. At the request of the Rev. Dr. Porter, the 
editor of the Intelligencer, I wrote an article on the subject 
in the form of a letter addressed to him, which was published 
in the number of the 15th of August. It is No. 70 of " Pa- 
pers Written by me." 

Some family incidents of interest occurred this year. 

Alfred, having regained his health, was early in the spring 
of this year anxious to engage in some business to aid in the 
support of himself and family, and with that view to come to the 
city of New York and reside in it, or its vicinity. I purchased 
a small comfortable house for him at New Rochelle. He and 
his family moved into it in May, and he commenced business 
as an insurance broker in the city. But the weakness of his 
left limb prevented him from walking as much as this busi- 
ness required, and he had to give it up. 

Robert E. remained in the city this year, and was admit- 
ted to the bar in April. Thomas continued at college in 
Geneva. 

G-eorge for the last year or two had made up his mind to 
become a western ftirmer. As he had now attained sufficient 
age to act for himself, he left home, with my approval, on the 
11th of March for Wisconsin, and entered the family and em- 
ployment of an acquaintance of his brothers, Robert E. and 
Thomas, near Beloit, to earn his own living and learn the 
business of farming at the West. 

Lawrence having been in Wall Street long enough to be- 
come thoroughly acquainted with the operations, excitements, 
and fluctuations of fortunes of brokers and bankers, was 
unwilling to pass his life amid such scenes, and wished to 
lead a more rational and quiet life, and engage in some safer 
and less exciting pursuit. He wrote me early in April, ex- 
pressing this wish, and his desire to go West and engage in 
some business suited to his feelings and views. He asked for 
one thousand dollars and my approval of his change of pur- 
suit. I cordially approved of the change and furnished the 



406 AUTOBIOGRAPHY 

money. He came home from the city, and after passing a few 
days at MuUrose, left for the West on the 23d day of April. 
He located at Flora, Clay County, Illinois, and commenced 
the business of a nurseryman. I was in the city when he 
left home. 

After the season of farming was over, George not being 
able to find a place for the winter in Wisconsin, which suited 
him, joined his brother at Flora and found employment near 
him. 

Euphemia and Mr. Whittredge were married on the 16th 
of October, and left Geneva in the afternoon on their wedding 
tour. 

William entered Hobart College in September. My 
youngest daughters continued at school in Geneva. 

In November, to my great joy, and with profound grati- 
tude to my Heavenly Father, I received a letter from Law- 
rence, dated the 12th of that month, announcing his 
conversion, and giving an account of the great change which 
the Spirit of God had wrought in his heart. The letter was 
entirely satisfactory, and showed me, that another of my dear 
children had been brought into the fold of the great Shepherd 
and sent forward on the narrow way that leads to life ever- 
lasting. 

A few extracts from my diary, in addition to those already 
given, will show my spiritual state under the great bereave- 
ment I had sustained, and the great change in my course of 
life, which it had produced : 

Monday, February 4th. After giving an account of the 
funeral on the Sabbath previous, and of the manner of spending 
the day. — " God, thou hast seen fit to leave me to discharge one 
high duty of a parent, viz., educate the children thou hast given 
me. Give me the aid of thy Spirit to rightly discharge this duty, 
and spare my life, if consistent with thy holy will, till it he accom- 
plished, and even longer if it so seemeth good to thee. I ask all 
for Christ's sake." 

Tuesday, March 12th. The day after George left home. — 



AND COLLATERAL REMINISCENCES. 407 

*•' Gracious God, I commit this son to thy holy keeping — watch 
over him, and do more and better for him than I can think or ask." 
Monday, August 19th. After stating how the Sabbath the day 
before was spent. — " We had communion. I enjoyed it greatly. My 
God and Saviour seemed nearer to me, and the latter more pre- 
cious than ever. Oh, that I may live hereafter in close commun- 
ion with my God, and that my Saviour may be always as precious 
to me as He was at His table yesterday!" 



1868. 

The beginning of this year found me at home with my 
four youngest children, yet in the course of education, and 
Thomas in his senior year at college. A year had nearly 
passed, since my companion was taken from me, and the 
usages of society demanded some change in the manner in 
which I had passed the previous year, and my duty required 
me to settle on a plan of life suited to my position. I deter- 
mined to make no change in my hours of rising and retiring 
to rest — nor in the manner of occupying my mornings — nor in 
the hours of morning and evening devotions — nor in the man- 
ner of spending my Sabbaths — to resume my social duties, 
tliough not to entertain to the same extent as formerly — to 
withdraw from my profession as far as I justly could — to be 
absent fi'om home as little as possible — to spend a considerable 
portion of my time in conversation with my children, and join- 
ing in their amusements — and to correspond freely and con- 
stantly with my absent children, and thus supply, as far as I 
could in this respect, the place of their mother, who seemed 
never to tire in writing to our children. 

In accordance with this plan of life, I only went to the 
city once this year on professional business, and then only for 
a few days, at the earnest solicitation of a client of former 
years, who had some important business, which he wished 
done under my advice and supervision. I also went to Canan- 
daigua for a day on four different occasions, to complete some 
business before the Surrogate, committed to my charge some 



408 AUTOBIOGRAPHY 

years before. I gave some attention occasionally during the 
year at home to professional duties, to assist my sons in 
the city. My only reading of consequence, besides the daily 
papers, was Motley's History of the United Netherlands. My 
time was mainly occupied in writing this biography — corre- 
spondence with my absent children — conversation and joining 
in amusements with those at home — domestic matters, and 
social duties. 

I made several short visits to my children during the year 
— two to New York, one in January and the other in Octo- 
ber, and while there in October, went to Washington for 
Alfred — one in April, to Harrisburg, Pa., to see Mary, and 
Jane and Eliza C, who were there making Mary a visit — one 
in April to Flora, 111., to visit Lawrence and George, and buy 
George a farm — and one to New Kochelle, in August, to see 
Alfred, who was very ill. 

I discharged no public duty of any consequence this year. 
At the request of my friend. Dr. Wilson, I attended the com- 
mencement dinner of the college, and made a short address. 
It got into the village paper.* I also presided as chairman of 
a political meeting held in the village in September. 

* As our report of Judge Foot's remarks at the commencement din- 
ner on the 16th instant was very imperfect, and likely to i^lace the 
Judge in a position which is not altogether just to him (although noth- 
ing was farther from our thoughts or intention than to do him any 
injustice), we have taken pains to get a better and more correct report, 
which we insert below. He responded to the following toast : 

" Our Country — Its fathers of one generation form the character of 
those who will control it in the next." 

Dr. Wilson, acting President, in calling out Judge Foot to respond, 
said: 

In calling upon Judge Foot to respond to this sentiment, it is proper 
to introduce him as eminent in the law and in letters; one who has 
always been a friend and patron of thorough education — who was early 
connected with and interested in our college, and has had large experi- 
ence in training young men for his own profession. He has also been a 
friend to his country, always standing firmly by the Union cause. In 
the hour of its need he sent five of his sons into the war — two of whom 



AND COLLATERAL REMINISCENCES. 409 

Thomas graduated in July and went to the city early 
in November, and joined Robert Ebenezer in the practice of 

now sleep in honored graves as its result, one drags out the life of an in- 
valid, with many honorable scars about him. One of his sons graduated 
among the foremost of the class to-day, and still another we hope to see 
doing as well at no long period hence. 

I have the honor of introducing the Hon. Samuel A. Foot. 

Judge Foot, on rising, observed that before responding in a few brief 
remarks to the toast which had been announced, he felt that it was due 
to the memory of his sons who had yielded up their lives in the late war, 
and to the character of those who remained, to state that he never spoke 
a word to either of them to induce them to enter the public service. He 
neither sent them to the army, nor tried to detain them from it. Their 
action in engaging in the war was wholly voluntary, and the result of 
their own views of duty. Of the parental training which they had 
received, and which liad given them right views of their duty to their 
country, it did not become him to speak. 

The toast, " Our Country — its fathers of one generation form the 
character of those who will control its destinies in the next," announces 
a just sentiment and an impressive thought. The fathers of this genera- 
tion are those whose age, talents, education, and position give them a 
controlling influence, and present them as examples to the youth of the 
country. Among them are especially classed the officers of our colleges 
and seminaries of learning. They are eminently fathers in our country, 
who form the character of those who will control its destinies in the next 
generation. Their jjosition is one of high honor and great responsibility. 
The duties of tlie fathers of this generation in forming the character of 
our youth is a fruitful theme, but I shall only suggest a thought or two, 
derived from long observation in training my own sons, and the many 
young men who have received their professional educations in my 
office. 

Long talks to intelligent youth and young men are more than useless. 
A few words, or a single word, fitly and seasonably spoken, is the true 
way to reach the young heart and mind. But on the old adage — that 
" Actions speak louder than words," cxamjjle is the eflective means of 
forming the character of the young. The true point for the fathers to 
begin in the high duty, is to see that their own minds and hearts are all 
right, so that their actions and words, coming from a pure fountain, shall 
be right also. 

I cannot in this connection forbear to speak of the high qualities of 
my friend, Dr. Wilson, as pre-eminently qualified to form the character 



410 AUTOBIOGRAPHY 

law. I let them have my law library, and Thomas took it to 
the city when he went. 

The parting with this library required an effort. I had 
spent days and nights in it for years. Although quite large 
for a private library, I knew every book in it and the place 
where it stood. It had made me professionally all I was. It 
had enabled me to support respectably myself and family, to 
educate my children, and to lay aside a competency for old 
age. But why should I keep it, when my professional life 
was ended, and when my sons were just beginning theirs ? 
The true answer to this question could only be given — by part- 
ing with this old and true friend. 

Lawrence and George united this fall and formed a co- 
partnership in the business of nurserymen. 

A couple of extracts from my diary will end the history of 
this year : 

Wednesday, November 4tli. The day Thomas left home for the 
city. — " Gracious God \ commit him to thee — watch over, protect 
and bless him ; I ask it for Christ's sake." 

of our youth. His ripe scholarship and high moral and religious quali- 
ties are known to all. But his glowing patriotism, and true American 
heart, may not be so well known, as he has not been called into any 
sphere of action to exhibit them. To me, however, they are well known. 
During the fearful years of our late war, he and I often met, and passed 
many hours together. We never separated without a feeling on my part 
of increased devotion to my country. It gave me great jjleasure to assist 
him in the requisite investigations which resulted in his pamphlet on the 
constitutional right to forfeit in fee the real estate of rebels, and which 
corrected a great error which had previously prevailed at Washington 
and elsewhere. This high appreciation of the character of the acting 
President of the college mainly induced me to send my sons to it for 
education. 

Judge Foot alluded to his connection with the college in the early 
years of its history, mentioning addresses delivered by him and others 
before the Literary Societies many years ago, and of collegiate honors 
bestowed upon him and them. He concluded with an earnest wish for 
the future success of the college. — Geneva Courier, Wednesday, July 
29th, 1868. 



A^D COLLATERAL EEMINISCENCES. 411 

Thursday, December 31. " Thus ray year has passed — not as 
well as I would wish, yet I hope with at least an approximation to 
the standard of Christian duty. I have endeavored to do my dut}^, 
especially to my children. Gracious God, spare me for another 
year, if consistent with thy holy will, and give me the aid of thy 
Spirit to spend it rightly and usefully." 



1869. 

This year brought death and sorrow with it. 

Last summer Alfred had a return of hemorrhages, and, as 
I mentioned in my account of last year, was very ill in 
August. The hemorrhages ceased after a few weeks, but left 
him feeble and with a cough. He, however, so far recovered 
his strength, as to be able to obey an order from the War 
Department of the 25th of November, to repair to Kichmond, 
Va,, for court-martial duty. He passed most of the winter 
and early spring at Richmond. His wife and little son were 
with him the latter part of the time. The climate did not 
agree with him, and he became very ill. He wrote me on the 
10th of April as follows : 

" The Doctors and all my friends think I am unwise to remain 
here, and advise me to go home. I judge from this, that they con- 
sider me too far gone for any climate to do me good. I think so 
too, and as I am past recovery, I wish to pass away among my 
family and friends. I am very weak, and can only sleep two or 
three hours at night. If it is convenient for you, I propose to go 
to Geneva." 

I had before proposed his coming home, and now urged 
him to come -without delay and bring his Avife and child with 
him. They arrived on the 16th of April. 

The change, the comforts of home, the sympathy and 
attention of those who loved him, cheered him, and for some 
weeks he seemed to improve in health, but after that, he 
gradually failed, till Wednesday the 1st of September, when 
he fell asleep in Jesus. He was prepared for death, and died 



412 AUTOBIOGRAPHY 

as a Christian soldier should. He had his mind fully, till his 
last breath was drawn. His death was calm and happy, and 
the death scene most touching. He died at half-past nine 
o'clock in the evening. He knew, and we all knew at twilight, 
that he had only a few hours more of life. At his re- 
quest, his brother William and sisters sang several appro- 
priate hymns, which he indicated, and between them, at his 
request, I offered prayers. His last words, and which were 
distinctly uttered, were these : " Be kind to my boy," and as 
if addressing his mother, said, " Mother, I am coming — Jesus 
calls me." 

His funeral took place on Saturday following. At his re- 
quest, his body was not taken to the church. After prayers 
and a few appropriate remarks by our pastor at the house, his 
remains were interred by the side of those of his mother, who 
will now rest till the resurrection, with two sons on one side 
of her, and one son on the other. On the monument of each 
son, is the simj^le record of his age, and death in the military 
service of the United States. 

There was pending in the Court of Appeals this year a 
single action, which I had theretofore conducted for the 
American Bible Society. It came on for argument in March, 
and although I had previously withdrawn from that court, yet 
I regarded it my duty to go to Albany and argue it, which I 
did, saying to the court, that I had come to ask their atten- 
tion to one more argument from me, and which would be my 
last. 

This argument ended all my professional engagements for 
which I was responsible to clients. I assisted my sons this 
year in some litigations which they were conducting ; and for 
that purpose went once to New York — twice to Rochester, 
and two or tliree times to Canandaigua. But I regarded my 
professional life as already closed. 

My time this year at Geneva was passed very much as it 
was last year — nor was there any material change in the posi- 
tions of my children. But there occurred one event of deep 
interest. On Tuesday the 9th of November, I received a let- 




^graved by J. C.Bvi-W'« 




/^V^ 



AND COLLATERAL REMINISCENCES. 413 

ter from Thomas, informing me, that on the previous Sabbath, 
he united with the Collegiate Reformed church in the city 
and partook of the sacrament of the Lord's supper. I had not 
expected this event to occur so soon, yet had for some time 
observed that a work of grace was silently producing a change 
in this dear son. I could only pour out my heart in gratitude 
to my Heavenly Father. Under the record in my diary of 
this event is the following entry : " Gracious God, I record 
my deep and heartfelt thanks for the new birth of this dear 
son. blessed Saviour, take him into thy holy keeping, and 
help him to j^crsevere to the end. May his life be holy and 
lovely." 

Now (1871) only one of my children, George, remains out 
of Christ's visible church, and I have reason to believe that he 
will ere long be among the redeemed. 

My youngest child is now in her nineteenth year. The 
work of educating my younger children is done, at least, so far 
as not to require my active supervision. They have attained 
to such ages, as not to require my presence with them. They 
are able to judge and act for themselves. It seems as if the 
duty, which the removal of their mother cast upon me to dis- 
charge alone, has been discharged. 

What remains of life to me, I hope, with the blessing of 
God, to use for the good of my children and my fellow-men, 
and in preparing myself for His presence. 

I will end this autobiography with my entrance on ray 
eightieth year, and with the entry I made in my diary on my 
last birthday, when I entered upon that year : 

Friday, December 17, 1809. "This is my birthday. I am 
seventy-nine years of age and enter to day on my eightieth year, 
the last of my fourth score. Gracious God, I desire to record my 
deep sense of thy mercy, love and care over and towards me. My 
time beyond threescore years and ten has not been labor and 
sorrow. It is true, thou hast taken from me in that time, my dear 
companion and three of my sons ; but these sorrows have been 
mingled with great mercies. Thou hast spared me from labor. 
All my wants have been abundantly supplied, and I have enjoyed 



414 AUTOBIOGRAPHY. 

good health for one of my years — Continue thy care over me, I 
entreat thee, and permit me to see my younger children settled 
in life. Do more and better for me than I can think or ask, or 
am worthy to receive. I ask all in the name and for the sake of 
my dear Kedeemer." 

Geneva, March 1, 1871. 



APPENDIX. 



The first clause of Section I. of the Amendment of the Consti- 
tution, designated as Article XIV., and which was adopted on the 
20th of July, 1868, is substantially the same as my Article I. 
My article is, — 

" Akticle I. — That every citizen of the United States, and 
every citizen of every state of the United States, who shall have 
resided in any state thereof for one year, shall be a citizen of the 
state in which he has so resided." 

The first clause of Section I. of the 14th Amendment is — 

" All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United 
States and of the state wherein they reside." 

Each declares that citizens of the United States shall be citi- 
zens of the state in which they reside ; and the real object of each 
was, to prevent every state from refusing to recognize as citizens 
thereof, the freedmen and colored persons who should reside 
therein. 

The reasons assigned for adopting the clause of the Consti- 
tution above mentioned were the same as those given by me in 
No. 69 of " Papers Written by me," for adopting my Article I. 

One of the main objects, sought by my Article II., was 
equality of electoral rights to all the citizens of every state — or, in 
other words, equal electoral rights to colored and white citizens 
of every state. This was accomplished in my Article II., by giv- 
ing to " Every male citizen of every state of the United States " 
(having the requisite qualifications), a right to vote for all elect- 
ive offices or legislators. 

This right was afterwards secured to colored citizens by the 
Amendment of the Constitution, designated as Article XV., and 
adopted on the 30th of March, 1870. The reasons given by me 



416 APPENDIX. 

in No. 69 of " Papers "Written by me " for this Amendment of the 
Constitution, were the same as those on which this Amendment 
was finally adopted. 

I claim no special credit in this matter, but I am thankful for 
having been able to contribute my small amount of thought and 
effort towards the adoption of these two benign Amendments of 
our Constitution. I do not expect to see the day, when an 
Amendment of the Constitution shall be adopted, establishing an 
American standard of Suffrage, and that standard an Educational 
Qualification — and also establishing the number of qualified 
electors as the basis of representation in Congress and the elect- 
oral colleges ; as proposed by me in my Articles II. and III., and 
explained and enforced in No. G9 of "Papers Written by me." 
But I feel sure, that the time will come, and probably during the 
present decade, when the nation will call for and adopt such a 
standard of suffrage and such a basis of representation ; and the 
last thing I intend to print and leave behind me, is this Amend- 
ment of the Constitution and my reasons for adopting it. 

This I intend to do in the form of a letter to the Hon. Wil- 
liam H. Lamport, Representative in Congress of the 25th District 
of this state, composed of the counties of Ontario, Livingston, 
and Yates, and my immediate representative. 

Geneva, October, 1871. S. A. F. 

Near the close of December, 1871, this intention was carried 
into execution by writing and publishing the following letter: 

Geneva, Ontario County, N. Y., December, 1871. 
To the Hon. William H. Lampoet, Eepresentative in Congress 
of the 25th District of the state of New York, composed of 
the counties of Ontario, Yates, and Livingston. 
Sir : — Being my immediate representative in Congress, I take 
the liberty of addressing to you a letter, in which I propose an 
Amendment of the Constitution of the United States, and give 
my reasons for adopting it. 

The following is the proposed Amendment: 

" Resolved, By the Senate and House of Representatives of 
the United States of America in Congress assembled, two-thirds 
of both Houses concurring, that the following article be proposed 
to the Legislatures of the several states, as an amendment to the 



APPENDIX. 417 

Constitution of the United States, which article, when ratified by 
three-fourths of the said Legislatures, to be valid, to all intents 
and purposes, as a part of said Constitution, namely : 

ARTICLE XVI. 

" Section I. — That every male citizen of every state of the 
United States, who is twenty-one years of age, of sound mind, 
and not a pauper, nor convicted of an infamous crime, and who 
can read the Constitution of the United States in the English 
language, and write his name, and shall have resided in the state 
of which he is a citizen for one year immediately preceding any 
election in sucli state, shall be an elector of all elective officers, or 
legislators chosen at such election ; and no person shall be such 
elector unless he shall have the above qualifications. But this 
article shall not impair or affect the right of any person who, at 
the time of adopting the same, shall be an elector in any state by 
the laws thereof. 

" SECTioisr II. — After the census to be taken in the year eigh- 
teen hundred and eighty, and each succeeding census, represen- 
tatives shall be apportioned among the several states which may 
be included in the United States of America, according to the 
number in each state of electors qualified as declared in the pre- 
ceding Section I., and direct taxes shall be apportioned among 
the several states according to the value of the real and personal 
taxable property situate in each state not belonging to the state 
or to the United States." 

You will see, that Section I. of the proposed amendment, if 
adopted, will accomplish two important objects. 

First. It will establish a uniform standard of suffrage 
throughout the United States, to which every state in the Union 
must conform ; and instead of the diversity of electional qualifi- 
cations, which now exist in the several states, there will be one 
and the same qualification in all. 

Second. It will establish an educational qualification of suf- 
frage throughout the United States, which every state in the 
Union must accept and adopt. After that is done, every vote,, 
given at an election in this country, will be an intelligent one.. 
Each voter wiU be able to read his ballot, and understand for 
whom and for what he votes. 
27 



418 APPENDIX. 

Section II. of the proposed amendment, if adopted, will change 
the basis of representation in Congress and in the presidential 
electoral colleges, from the number of persons in each state, to 
the number of male citizens in each state, who are qualified 
electors thereof according to Section I. As such electors must be 
able to write their names and read the English language, this 
Section II. will thus make it the interest of each state to estab- 
lish and maintain a good system of common schools — of parents, 
to have their sons taught to write their names and read the 
English language — and of all young men to write their names 
and read the language. 

This Section II., if adopted, will also change the basis of 
direct taxation, from the number of persons in each state, to the 
amount of taxable property in each state. 

REASONS FOR ADOPTIJSTG THIS AMENDMEKT OF THE CONSTI- 
TUTION. 

First. Reasons for establishing a u7iiforni standard of stiff rage 
throughout the United States, or, in other words, universality of 
the qualifications of electors. 

Each state of our Union has the right, and has exercised it 
from the establishment of its government, of determining the 
qualifications of its electors or voters. The consequence is great 
diversity of these qualifications amongst the states. In one, a 
property qualification is required — in another, an educational 
qualification — in another, a naturalized citizen is not allowed to 
vote until after a long probation — in another, to encourage emi- 
gration, an alien is allowed to vote before being naturalized — 
scarcely any two states having the same electoral qualifications. 

While this diversity exists, if a voter in one state changes his 
residence to another, he may, by this change, which all citizens have 
a right to make, lose his right to vote and become disfranchised. 
The great diversity in our climate produces many changes of resi- 
dence for health. Numerous other legitimate and commendable 
causes produce like changes. A neighborly and hospitable spirit 
ought to prevail in every state towards the citizens of other 
states, A removal from one state to another ought rather to be 
■ encouraged than discouraged. A spirit of state exclusiveness is 
.unfriendly to harmony of thought and feeling, and tends to make 



APPENDIX. 419 

ns a divided, instead of a united people. Uniformity of electoral 
rights would prevent a change of residence from state to state 
from being felt to be a change of condition, and go far towards 
making us a homogeneous people, and our Union a brother- 
hood. 

There are, however, other and greater advantages of a U7ii- 
form standard of suffrage. 

1. It will increase the value of American citizenship. The 
nation will establish the qualifications, and confer the right of 
suffrage. This most valuable right of an American citizen will 
be protected by national authority, and a knowledge of this fact 
will increase its value in the estimation of every one entitled to 
it. 

2. It will establish a uniform standard of suffrage throughout 
the country, and put a stop to all strife among the states to draw 
emigrants by lowering and cheapening suffrage. 

3. It will nationalize suffrage. Instead of there being one 
standard of suffrage in one state, and another standard in another 
state, there will be one standard for every state, and that one 
will be the American standard op suffrage. It will produce 
harmony among the states on a most important feature of our 
system of government, and tend to make us one people and 
nation. 

4. This standard will be enduring, and not subject to change 
for slight causes, as is often the case with state standards. It 
will thus give steadiness and stability to a very imj)ortant branch 
of governmental action. 

Other advantages might be mentioned, but the above ought 
to be sufficient to ensure the adoption of this feature of the 
amendment. 

Second. Seasons for an educational qualification of siff'rage. 

The value of this feature of the proposed amendment, and the 
inestimable blessings which its adoption will confer on the coun- 
try, are almost, if not quite, self-evident. As sovereign power in 
our country is vested in the people, we have a iiolitical axiom, 
which commands universal assent, viz : " The intelligence of tlie 
'people is tlie foundation on wliich our institutions rest." Hence, 
every lover of his country strives to disseminate knowledge among 
the people, and educate the rising generation. With only thirty- 



420 APPENDIX. 

one millions of people, wc have shed oceans of blood, and spent 
billions of treasure, which would all have been saved, if the mass 
of our Southern fellow-citizens had been sufficiently educated to 
understand their rights and true interests. How then will it be, 
and where will our safety lie, when we are a nation of one or two 
hundred millions ? Safety, then, will be nowhere found, and 
national death certain, unless that immense multitude are edu- 
cated, and sufficiently intelligent to discharge the high duty of 
self-government. We cannot noAV, with our present population 
and present immigration of uneducated foreigners, keep educa- 
tion lip to its former proportionate standard. We are falling 
behind constantly. The number of those in the country, who 
cannot read and write, in proportion to those who can, is con- 
tinually increasing. There is a strong probability — indeed, almost, 
if not quite, a certainty — that emigration, hereafter, will be larger, 
in proportion to our native population, than it has been hereto- 
fore. This will cause a more rapid increase than heretofore, of 
tlie proportion of the uneducated to the educated, and, at so early 
a period as the close of this century, there will be such a host of 
ignorant voters in the country, as seriously to endanger our insti- 
tutions, and by the middle of the next century to render self- 
government insecure, if not impracticable, unless some efficient 
measure is adopted to stimulate and extend education among the 
mass of the people. No measure has ever been suggested, nor do 
I believe one can be conceived more effective in accomplishing 
this object, than making the right to vote dependent on the 
education of the voter ; or, in other v/ords, affixing to suffrage an 
educational qualification. To give to such a measure its full 
efficacy, and assure the nation of the full and abiding blessings 
Avhich it will confer, it should be incorporated in and form a part 
of the great charter of our freedom, and should not be left to the 
varying popular breezes of separate state action. It will secure to 
the nation the existence, forever, of the foundation on which our 
institutions stand, viz: the mtelligence of the people. It should, 
therefore, be as permanent and pervading as any provision in the 
Constitution. 

All will agree, that the educational qualification of sufirage 
should not be less than ability to read and write, and no better 
test of that ability can probably be suggested, than the one con- 



APPENDIX. 421 

tained in the proposed amendment we are considering. The 
ability to read should also extend to reading the language of the 
country. The reasons for this are obvious and numerous. The 
large number of naturalized citizens now in the country, and the 
still larger number there will be hereafter, who have and will 
bring their native language with them, and adhere to it, will 
make our country a national Babel. Unseemly and inconvenient 
in intercourse and business as this may be, it vanishes from view 
in comparison with the danger to our institutions which arises 
from maintaining in the country diversity of language. While 
we have now towns and counties, where foreign languages, man- 
ners, customs, irreligious and immoral opinions and practices 
prevail, we may hereafter have states ; and thus, our great 
nation, instead of being homogeneous, and forming one harmo- 
nious whole, will be divided into different nationalities, unlike in 
language, education, manners, usages, and moral and religions 
opinions. No better remedy for these and other evils springing 
from the same cause, and no measure l^etter calculated to natu- 
ralize and Americanize the multitude of foreigners who will 
adopt our country as their own, can be devised, than to require 
them to learn and read our language, as a condition precedent to 
their exercise of the right of suflFrage. This will bring with it 
schools, education, thoughts, manners, sentiments, and opinions, 
all of which will be American, and make us one people. 

The late occurrences in the city of ISTew York show the dan- 
ger to our institutions and domestic peace of separate organiza- 
tions by our naturalized citizens and their countrymen, who have 
emigrated and intend to become citizens, for the purpose of main- 
taining and perpetuating in this country their foreign, political, 
and religious prejudices and factions. The shocking scenes of 
riot and death, which occurred in that city on the 12th of July 
last (1871), and came near occurring again on the 10th of this 
month (Decemter, 1871), were caused entirely by this organized 
foreign element. Like occurrences, owing to the same cause, 
may, with certainty, be expected in other portions of the country, 
when our population becomes dense, and emigration adds to it 
yearly hundreds of thousands of foreigners. 

The surest and kindest way to avoid this danger, is to Ameri- 
canize these foreigners by educating them, and teaching them to 



422 APPENDIX. 

read our language. Simple ability to read our language will go 
far toward changing a prejudiced alien into a patriotic American 
citizen. 

We claim England as our mother country. Her subjects and 
ou]' citizens often extol themselves as being of one blood — speak- 
ing the same language — having a literature in common — similar 
institutions and laws — the same Christianity and civilization — as 
being the two great Christian nations of the world. How long 
will it be, before these things Avill be said of us, as things that 
once were, but have passed away, if we become a mongrel people, 
of divers languages and nations ? If we become such a people, 
how long will it be — I prophecy not more than a century, before 
our great Eepublican system will prove a failure; and we shall be 
broken up into at least three — north, south, and west — con- 
federacies. 

But what a halo of glory will surround our Kepublican insti- 
tutions, if they bring into being a mighty, Christian nation of 
educated, orderly citizens, speaking one language, and united in 
fraternal bonds? 

TJdrd. Eeasons for making the numher of qualified electors the 
basis of representation. 

The object of tins feature of the amendment is obvious. 
Every state is anxious, and rightly so, to obtain as many mem- 
bers of Congress and presidential electors as it can. Its influence 
in the Union depends on their number. Hence no pains will be 
spared to increase it. If their number depends on the number of 
voters in the state who can read and write, it is obvious, that it 
will be the interest of the state to establish and maintain a good 
and adequate system of common schools, in which all the youth, 
especially the male youth of the state, may have an opportunity 
to learn to read and write ; and as the colored youth of a state, 
when they attain 21 years of age, have a right to vote, if they have 
the requisite educational qualification, it will be the interest of the 
state to educate that class of their youth. Should this provision 
of the amendment be adopted, it will put an end to all opposition 
to educating the colored race. 

Parents finding that their sons cannot vote if not educated, 
will be anxious to send their children to school, and will need no 
urging to discharge that duty. There will not be then, as now. 



APPENDIX. 423 

hundreds of thousands of children allowed to grow up in ignor- 
ance, idleness, and crime. 

All young men too, of whatever color they may be, who have 
had no opportunity for education in their youth, will be stimu- 
lated to early and earnest efforts to learn to read and write. In 
these cases, few will be satisfied with acquiring the mere elements 
of an education. Most of them, having tasted the fruit of 
knowledge, will press forward till they can gather it in abun- 
dance. 

While this second section of the amendment will deprive no 
one of his vote who may be entitled to it when it is adopted, the 
time for it to go into operation will be placed so far ahead, that 
every male 21 years of age will be able to learn to read and write 
before a vote will be given under it. 

The other feature of this second section, viz., that direct 
taxes " shall be apportioned among the several states according to 
the value of the real and personal taxable property situate in each 
state," is clearly so just and proper, as to require no statement of 
reasons for its adoption. 

The existence of slavery rendered this just provision impracti- 
cable when the Constitution was adopted; but slavery having 
been abolished, it should now have a place in our national 
charter. 

I will close this letter by asking all who read it, to carry their 
thoughts forward and take a view of this country some years 
hence, when this proposed amendment having been adopted, it 
shall form a part of our Constitution, and the nation shall be 
moving and acting under it. The present mass of ignorant and 
uneducated voters will then have nearly, or quite, passed away. 
Every voter will be, to some extent, an educated man. He will 
be able to read his own ballot, and will have sufficient intelli- 
gence to form his own judgment of the questions and candidates 
before the people. The only language spoken will be the 
English, the language of the country. "We shall hear no foreign 
languages around the polls. Every man, without regard to race 
or color, having the requisite qualifications, will deposit his bal- 
lot. Schools for English education will be spread over the coun- 
try. There will not be hundreds of thousands of children, as 
there are now, out of school. The nation will have but one 



424 APPENDIX. 

language, and we shall be one people. Kepublicanism will com- 
mand the homage of the world. 

All the states in rebellion having been re-organized and now 
occupying their rightful positions in the Union, the present 
would seem to be a suitable time to place our country on 
a basis, which will enable it to stand entire and united for 
ages. 

Eespectfully, your obedient servant, 

Sam'l a. Foot. 



INDEX TO VOLUME I. 



A. 

Abeel, Rev. Dr., letter from, 397-8. 

Absences from home on professional 
business while living in Albany 
in the year 1825, 76-7 — when liv- 
ing in New York in the year 
1838, 104-iu the year 1829, 108-9 
—year 80, 115-16-year 31, 125 
— year 32, 138 — year 34, 152 — 
year 36, 175— year 37, 180— year 
38, 187 — year 39, 195— year 40, 
198-9 — year 41, 206 — year 42, 
212-13 — year 43, 223— year 44, 
236-7 — year 45, 245— year 46, 
250 — While living at Geneva, year 
48, 261— year 49, 266 — year 50, 
269-70 — year 52, 286— year 53, 
291— year 54, 297— year 55, 303 
—year 56. 312— year 57, 327— 
year 58, 332 — vear 59, 337 — year 
60, 340-vear "61. 344— year 62, 
357— year* 63, 361— year 64, 368 
—year 65. 377— year 66, 382— 
year 67, 404— year 68, 407. 

Abstracts of books read, 22-3. 

Adams, John, visit to him, 83-4 — 
Mrs. John Quhicy, 95 — Mr. and 
Mi's. John Quincy, 97 — John Quin- 
cy, 98. 

Address at anniversary of American 
Bible Society, 156 — on bankrupt 
act, 200 — on circulation of the 
Bible, 212 — on colonization of free 
persous of color, 131 — on same, 
169 — on same, 235 — on same, 
311 — on death of Henry Clay, 
287— of Wm.Kent, 349 — of Abra- 
ham Van Vechten, 181-2 — of John 
Cotton Smith, 241 — oh dedication 
of cemetery, Watertown, Conn., 
10, 298-9 — education in Africa, 
182 — education of the blind, 212 
— second election of Lincoln, 369 
— before Agricultural Society of 
St. Lawrence County, 302 — Ag- 
ricultural Society of town of 



Seneca, 288 — for Geneva college, 
128 — at Hobart college dinner, 
408 — on independence of Liberia, 
265 — before Law Association, 170 

— Literary Societies of Geneva 
college, 136-7 — Phi Beta Kappa 
Society of Union college, 291-2 
— on politics at Millstone, N. J., 
231-2— at Geneva, 232— Phelps, 261 

— at Geneva, 342 — New York, 
342 — for Presbyterian Board of 
Education, 156 — on religious sub- 
jects at first declined, 146 — after- 
wards made, 152 — on system in hu- 
man affairs, 270 — raising flag on 
church, 349 — ^temperance, 265 — 
before Young Men's Christian Asso- 
ciation, 220-1. 

Agriculture, taste for, acquired, 10 
— addresses on, 288, 302. 

Ai,B.\NY Daily Advertiser, article 
for, 85. 

Albany, visits to, 104, 118, 127, 148, 
177, 306, 315, 382. 

Alfred, born, 200 — other events of 
his life and death, 334, 338, 345, 
858, 364-5, 368, 370-1-2-3, 380, 
507-8-9, 405, 408, 411-12. 

Allen, Benjamin, character, appear- 
ance, and visit to, 80-1. 

Amendment of life. 111. 

American Bible Society, manager 
of, 220. 

Ancestors, 7. 

Ankle, sprain of and cure, 194. 

Annapolis, Md., visits to, 271-2. 

Anti - masonry, 101, 112-13-14-15, 
123-4, 144. 

Appleton, Nathan, 83. 

Appeals, Court of, 274-5-6-7-8. 

Arcturus, article in, 206. 

Arguments, publication of, 10.5-6, 
193, 287. 

Articles for public journals, on Ful- 
ton Ferry, 195— bankrupt act, 206 

— Commander Mackenzie, 219 — 
International copyright, 234r-5 — 



426 



INDEX TO VOLUME I. 



adoption of state constitution, 249 
— Davies' mathematical books, 278 
— eflect of abolishing slavery, 858 
— trial of assassins of President 
Lincoln, 307-8. 

Assassins of President Lincoln, trial 
of, article on, 307-8. 

Attorney, examined and admitted, 
25-6. 

Attorney General, eflfort to appoint 
me, 75. 

Auburn, visit there, 63. 



Ballston Spa, visits there, objects 
of, acquaintances made, 55-6, 84-5. 

Ballston, visit there, 148. 

Baltimore, visits there and objects 
of, 97, 157-8. 

Bank of United States, renevsral of 
charter, article on, 131. 

Banking law, gfeueral, constitution- 
ality of, 192-3, 198. 

Bankrupt act, address for, 200 — arti- 
cle on, 206. 

Banks, measures to save from liqui- 
dation, 327-8-9. 

Bar, examined and admitted, 25-6 — 
of city of New York, their esti- 
mation of me, 221-2, 230. 

Battery, exercise there, 108, 116, 
125, 139. 

Baptism of grandson, E. W. Roherts, 
391. 

Bethlehem, Pa., visit there, 343. 

Bleecker, Hermanus, his friendship, 
83, 97. 

Blessing, asked at a public table, 149. 

Bible, address at anniversary of 
American Bible Society, 156 — 
circulation of, address on, 212 — 
manager of American Society, 220 
— attention to duties of, 235 — 
how performed, 259-40, 247-8, 
255-6 — reading of, with Scott's 
Notes and Observations, comple- 
ted, 261-2— how continued, 299. 

Biography, when commenced, 377 — 
when continued, 389 — end of, 414. 

BiDWELL, M. S., his friendship and 
letters, 308, 401. 

Boat-house built and owned, 261 

BoGART, Captain, amusing incident, 
58. 

Books read on a visit to Springfield, 
170-1. 

Boston, Mass., visits there and ob- 
jects, 83, 244 



Bounty of brother, effect on me, 15, 
16. 

Boyhood, 9, 10. 

Bradley, Jos. P., his guest, 333. 

Breckenridge, Rev. John, 156. 

Brother, Ebenezer, biography of 
7, 248 — in debt, 26 — partnership 
with, 26 — indorser for, 26 — death 
of, 28 — his estate insolvent, 35 — 
his debts paid, 40 — his widow 
and child provided for, 40 — his 
grave, 119-20. 

Buffalo, visits to, and objects of, 64, 
163. 

Bunker's Hotel, N. Y., lodging at, 
127. 

Butler, Benj. F., our friendship and 
intercourse, 48-9. 



Cabell, Judge, fellow-traveler and 
friend, 159-60. 

Cabinet Meeting, present at, 346-7-8. 

Cady, Daniel, our acquaintance, inti- 
macy, his character, 50-1, 266 — 
Tryphena, his daughter, 51. 

Cahoes Falls, visit to, 59. 

Campbell, Eliza, call on and intro- 
duction to your mother, 144 — 
with us on wedding tour, 157 — 
John, pamphlet by and article 
on, 234 — Samuel, death of, 175 — 
Mrs. Samuel, her death and char- 
acter, 256 — Lord, a Canada judge, 
43-4. 

Camp, location of, 358. 

Canada, court in, 43-4 — visit to, con- 
templated, 57-8 — made, 64-5-6, 70 
-1-2-3. 

Canal, celebration of completion of 
eastern section, 56 — of completion 
of whole, 75. 

Canandaigua, visit to, in 1824, 63. 

Capital trials given up, 90. 

Catherine born and baptized, 288 — 
united with church, 390. 

Catskill, visit to Mountain House, 
301. 

Caucus, Republican, chairman of, 
317. 

Cemetery, Evergreen, address on 
dedication, 10, 298-9. 

Chairman of meeting to raise flag 
on church, 349 — also of meeting 
to sustain Union, 349-50. 

Chambly, visit to, 73. 

Champlain, lake of, 73. 

Chancery, first case in, 33. 



INDEX TO VOLUME I. 



427 



Chart of reports and judges, 34-5. 

Chester, Mrs., \4sit to, 116. 

Cholera in New York, 133. 

Children, iDStructiou of, 205-6 — 
education and training of, 319 — 
attention to, 335— repeating verse 
in the morning, and story at 
Sunday evening twilight, 335 — 
scattered in summer of 1844, 335 
—of 1845, 341— of 1846, 349— 
where they were in 1851, 383 — 
where in 53, 388— in 53, 395— 
in 54, 399— in 56, 313— in 57, 
339-30— in 58, 334— in 59, 338-9 
—in 60, 343— in 61, 350— in 02, 
358— in 63, 367— in 64, 375-6— 
in 65, 380— in 66, 391— in 67, 
405-6 — religi(}us instruction of, 343 
— contributions by, to foreign mis- 
sions, 343 — sons took part in morn- 
ing devotions, 359 — aiding in stud- 
ies and amusements. 364 — their 
spiritual welfare, etforts to pro- 
mote, 368. 

Christian Association of young 
men, address before, 230-1. 

Church, Episcojjal and Second Pres- 

.■ byterian in Albany, 49-50 — First 
Presbyterian in New York, 104 
— ^joined it on confession, 143 — 
trustee of, 153 — first attendance 
witli your mother, 1G5 — change 
from Presbyterian to Collegiate Re- 
formed, 190-1-3 — Collegiate, pas- 
tors of, 308-9 — Reformed in Gen- 
eva, joined it, 356-7 — elder in, 
duties to, finances of, 282, 287 
— attention to, 291 — eldership re- 
luctantly held, 367— conducted pray- 
er meetings of, 377. 

Cincinnati, visit to, 161-2. 

Citizenship, essay on, 359. 

Clark, D. L., and Euphemia, his 
wife, 183 — Wni. N., neighbor and 
friend, 356. 

Classics, Greek and Latin, 76, 103, 
107. 

Clay, Henry, acquaintance and inter- 
course with, 95, 97, 98, 99, 100, 
160 — death of, and address on, 387. 

Cleveland, 0., visit to, 163. 

Clerkship in Troy, 12-13 — in Al- 
bany, 34-5. 

Clinton, De Witt, support of, 46- 
7-8. 

Clients, subscribers to relieve from 
jn-ison, became, 33. 

Clothes, few in college, and clerk- 
ship, 16, 33. 



College, Union, entered it and 
course in, 16 — bills of unpaid, left 
it, afterwards paid, 30 — commence- 
ment of in 1811, 24. 

Colonization, supporter and advo- 
cate of from 1831 to 1854, 124-5, 
144, 153-4-5, 168-9, 230, 335, 339, 
249, 311. 

Commercial Advertiser, controversy 
with Cooper, 211-12. 

Common Place book, 15. 

Common schools of Geneva, attention 
to, 287-8, 291, 297. 

Confiscation of real estate of rebels, 
pamp let on, 362. 

Congress Hall, Albany, 306, 315. 

CONKLiNG, Alfred, journey with him, 
42-3-4. 

Connecticut river, rides along, 83, 
116-17. 

Conservatory built, 264. 

Cooper, Fennimore, suit with W. L. 
Stone. 311-13. 

CooPERSTOWN, visit to, 86. 

Copyright, International, article on, 
334-5. 

Corinth, visit to relatives at, 148. 

Correspondence, with absent chil- 
dren, 407-8 — with your mother, 
general, 364 — same, respecting your 
spiritual welfare, 368-9. 

Constitution of state, its adoption 
opposed, 349 — of United States, 
amendments of as to suffrage, 
383-4-5. 

Contest between Whigs and Demo- 
crats for the city government, 
arguments in, 211. 

Convention, Republican, at Syra- 
cuse, 337. 

Conversion, religious, 53-4. 

Corn, immense field of, 163. 

Country, duty to, 361-3 — condition 
of, 377. 

Country residence, 335. 

Counsellorat-law, ex gratia, 33 — 
on examination, 34. 

Court of Appeals, appointed judge 
of, and nominated for election, 
374-5-6— not elected, 377-8 — of 
Chancery, first case in, and of 
Supreme Court, first case in, 33 
— for Correction of Errors, first 
case in, 35 to 41 — same court, vale- 
dictory on, 349. 

COWNECK, Long Island, summer spent 
there, 177. 

Curtis, Wm. E., business connection 
with him, 385-6. 



428 



INDEX TO VOLUME I. 



D. 



Daily papers, always read, 180. 

Dancing school for cliildren, 297. 

Daughter, Marg-aret, born, 48 — bap- 
tism and death, 50 — grave of, re- 
flections at, 120. 

Davies, Charles, visits to, at West 
Point, 91, 118, 127, 150, 170— at 
Hartford, Conn., 204-5— one of wed- 
ding party to Philadelphia, 157. 

Davies, Henry E., commencement of 
his career, 43— became my part- 
ner, 115 — a member of my fami- 
ly, 139 — one of wedding party to 
Philadelphia, 157 — attended his 
wedding, 170 — his nomination as 
Judge of Court of Appeals, aided 
it, 337. 

Davies, Thomas A., accompanied me 
to Hartford, Ct., 204 — tried an in- 
teresting cause for him, 210-11 — 
a guest of liis in New York, 256. 

Day, manner of beginning and end- 
ing it, 201. 

De.\f and Dumb Asylum, interesting 
occurrence there, 326-7. 

Debts, overwhelmed with, 28 — pay- 
ment of, 26 — all paid, 33. 

Deerfield river, ride by the side of, 
117. 

Del.wan, Mr. and Mrs., traveling 
companions, 71-2. 

Descendants of Nathaniel Foot, 7. 

Detroit, journey to, on business, 
255. 

Devotions, family, by whom con- 
ducted in my absence, 289 — change 
of hour for on Sabbath evenings, 
304 — also on other evenings, 367. 

Diary, entry in, respecting extracts 
from books, 22-3 — commencement 
of, 54^5 — mode of keeping it, 106 
—changes in keeping it, 109-10, 197. 

Dibble, Mr. and Mrs., their kindness, 
23-4. 

Diploma of college, 24. 

Disappointment of hopes by John's 
sickness, 339-40. 

Dissatisfaction with myself, 106-7. 

District Attorney of Albany, ap- 
pointment and removal, 48-9. 

Doctor of Laws, 235. 294-5. 

Domestic, death of, 228. 

Domestics, value of faithful ones, 
25 L 

Dred Scott, legislative report on de- 
cision of his case, 322-3-4-5-0 — 
pamphlet on same, 334-5. 



Durham boat, down St. Lawrence 

in, 69-70. 
Duties, better understood, 77. 
Duyckinck, Sally, 157, 183. 
DwiGHT, Henry, a true friend, 140. 



E. 

Earnings, first ones, 25 — profession- 
al, 187, 316. 

Education, early, 9-10. 

Edwards, James, his education and 
clerkshiy), and character, 41 — part- 
nership with him, 53, 76. 

Eldership in church, declined, 146 
— accepted, 274 — duties of, how dis- 
charged, 282 — absences prevented 
full discharge of, 367 — consented to 
one term more, 389-90. 

Elected Member of Assembly, 302-3 
— again, 312. 

Election, presidential, in 1860, deep 
interest in, and addresses on, 342 — 
deep interest in same in 1864, ad- 
dresses on and gratitude for result, 
369. 

Eliza C, born and baptized, 274 — 
united with church, 390. 

Emmet, Thomas Addis, occurrence 
in court, 39. 

End of biography, 414. 

Erie, Lake, passage over, 163 — rail- 
road, member of convention to pro- 
mote construction of, 192-3 — com- 
pletion of, excursion on, 281. 

Estimation of self and sons, 350 
-1-2-3. 

Euclid, study of, 16-17. 

EuPHEMiA, born, 183 — very ill, 187, 
217— visit East in 1850, 271— seri- 
ously impressed, 283 — ^joined the 
church, 288 — excursion with her, 
301 — tour to White Mountains with 
her and Mary, 337-8 — how she 
spent the year 1864, 375 — how the 
year 1865, 380 — engaged to be mar- 
ried, 391 — married, 406. 

Excursions for recreation, in 1836, 
176-7— in 1851, 281-2— in 1855, 
301-2— in 1859, 337-8— in 1860, 
342-3— in 1862,358. 

Exercise, from 1828 to 1837, mainly 
on Batterv, 108, 116, 125-6, 156, 170, 
173— where and how in 1837, 180— 
in 38, 187— in 39, 195— in 40, 198 
—in 41, 204-5— in 42, 213— in 43, 
225— in 44, 236— in 51, 281— in 53, 
295— in 54, 297— in 57, 315. 



INDEX TO VOLUME I. 



429 



Falmouth, Va., visit to Alfred there, 
363-4-5. 

Farm in Connecticut, sold to Scovill, 
11,19. 

Fatuer, early decadence of, 9 — death 
of, 19. 

FRELlNGiiUYSEN.Tlieodore,our friend- 
ship, 322-3, 230-1. 

French language, study of, 48, 85-6, 
102. 107, 122. 

Fire, great one in city, 171 — in house 
at New York, 171 — at Geneva, 267. 

FisiiKiLi. Landing Lvceuni, lecture 
before, 292-3-4. 

Fitting for college, 15-16. 

Five sons iu army, 374. 

Flag on church, address on raising, 
349. 

Foot, book of genealogies, 7 — Na- 
thaniel, 7 — Isaac, 62-3 — Samuel 
Augustus, 82, 116 — Andrew Hull, 
116. 

Fowler, Mariam, first acquaintance 
with, 19 — marriage with, 42 — imi- 
ted with church, 50 — letters from, 
; 74 — her health not good, 34 — near 
death, 120-1 — her sickness, death, 
character, presents to me, and bur- 
ial, 132-3-4-5-6, 146-7— William, 
residence with, 45 — liberality of, 
49— Sarah, 58— Louisa, 142. 157-8 
—Philemon H., 157. 

Foreign Missions, contribution of 
children to, 243. 

Forfeiture of real estate of rebels, 
pamphlet on, 362. 

Franklin, Benjamin, his works read, 
19, 54 — Captain, and his party, 77 
— Bank failure, 104. 

FuIjTON Ferry Association, article 
for, 195. 



G. 



Gambling of brother, 20-1 — meas- 
ures to stop it, 26-7-8. 

Gauley Mountain, ride over, 160-1. 

Genealogies of the Foots, 7. 

General Banking Law, arguments 
upon, 192-3, 198-9. 

Geneva, visits to, and time spent 
before residence, in the year 1824, 
6-2-3— in 29, lf)8— in 31, 126— in 32, 
132 to 138— in 34, 164— in 37, 183— 
in 39, 192— in 41, 206— in 42, 213- 
14— in 43, 224— in 44, 236— in 45, 
244-5— in 46, 249— political address I 



there, 232 — trip while there in 
1846, 250 — purchase of house and 
groimds there, 250-1— College, A.M. 
from,- 126 — address for iu New 
York, 128— LL.D. from, 235— Lit- 
erary Association, 370, 382. 

George, born and baptized, 261— 
his acts and pursuits, 367, 380, 405 
-6,408,410, 413. 

Glasses, use of and reflections upon, 
227. 

Glens Falls, visits to and descrip- 
tions of, 73-4. 

God, dependence on, 74, 121 — com- 
mitment to, 79 — forgiveness for 
ingratitude asked, 107 — prayers to 
on special occasions, 165, 192 — 
thanks to for manifest favors, 103-4 
-5, 110-11, 121, 128, 160, 163, 165, 
171, 176, 199, 250. 

Goodwin, Nathaniel, author of Foot 
Genealogies, 7. 

Greek Testament, read on Sunday, 
107 — completed the Gospels, 102. 

Graham, J. L., his friendship, 103. 

Gurley, Rev. R.R., meeting with, 158. 

Guyandotte, stay at, 161. 



H. 

Habits of life, settled and stated, 
174-5, 201. 

Hamilton Literary Association, lec- 
ture before, 194. 

Hammond, Jabez D., a prominent 
politician, 95 — letter from him and 
to him, 114-15. 

Harpers Ferry, stay at, 158. 

Harrisburg, Pa., visit there, 377. 

Hartford, Ct., visit there, 204. 

Hawks Nest, view from, 160. 

Health failed in December, 1840, 
200— continued in 1841,203-4-5— 
cause of it, 197 — not good in 1844, 
236 — nor in 1845, rigid diet and 
exercise to preserve it, 243-4 — same 
in 1846, 250. 

History, study and table of, 18. 

Hone, John, and family, fellow-trav- 
elers, 73-4. 

Hooker, General, visit to and inter- 
view with, 364. 

Horse and wagon bought, 147 — sold, 
180. 

House in Albany purchased, 52 — oc- 
cupied, 53 — sold. 102 — in New York 
built, 175-6 — sold, 254 — iu Geneva, 
on fire, 267. 



430 



INDEX TO VOLUME I. 



Housekeeping, commenced in Al- 
bany, 49— in New York, 109. 

Houseman, Wm., suit of, and success 
in, 35 to 41. 

Howes, Samuel A., visit to, 164. 

Hudson river, navigation of and me- 
morial for, 75 — east ])auk of, ride 
on, 80 — west bank of, do., 118. 

Hunt, Governor, appointed judge by, 
274— retained as counsel for state 
by, 286-7 — Wilson G., a friend, 
338. 

HuYGENS, Le Chevalier, attention 
from, 97. 



I. 



Illness in December, 1840, 200 — con- 
tinued in 41, 203-4-5 — cause of it, 
197. 

Ill turns in 1838, 188— and 1844, 
236. 

Imprisonment and cause of it, 28-9, 
30-1 — treatment iu prison, 30— bow 
discharged, 31-2. 

Imprisoneks, end of them, 82. 

Independence of this coimtry, by 
whom obtained, 8. 

Indorser for brother, 26. 

Indorsing, folly of, 33-4. 

Indian villages, incidents at, 63, 
70-1. 

Intemperance, suppression of by 
prohibitory law, 301. 

Investment, yearly, 53. 

Ithaca, visits there, and objects of 
them, 192-3-4, 210-11-12. 



J. 



Jail, committed to and cause of it, 
28-9, 30-1— treatment in, 30— how 
relieved, 81-2. 

Jane, born and baptized, 274 — united 
with church, 390. 

Jefferson, Thomas, my opinion of 
him changed, 45. 

John, my brother, death of, 19 — my 
son, born, 167 — other events of his 
life and death, 272, 282, 288, 301-2, 
333, 339-40, 345-6, 44S-9, 351, 353-4. 

Johnson, Alexander, Chief Justice, 
letter of, 85-6 — Chapman, fellow- 
traveler, 159-60. 

Jouhneys, to Boston, 80-1-2-3-4 — 
again, 244— to Detroit, 255 — Gen- 
eva, 108, 132, 183, 192, 206, 213, 
224, 236, 244, 249— from Geneva to 



Albany, 138— to Kansas, 333— Law- 
renceburg, Ind., 157 to 165 — from 
New York through Westchester, 
Putnam, and Dutchess counties, 
Watertown, Ct., Albany and Sara- 
toga counties, 147-8 — to Ogdens- 
burg, 42-3-4, 90, 177, 266, 299, 338 
— Troy, on foot, 11-12 — Watertown, 
Ct., 88-9, 182, 205, 267, 368— Water- 
town, N. Hampton, Albany, 116 
-17-18. 

Judge of Court of Appeals, appoint- 
ed, 274 — nominated for election, 
275— not elected, 277-8. 

Judicial duties, manner of discharg- 
ing, 279-80— ended, 285. 

JUDSON, D. C, my friend, 69, 92— 
Mrs., the missionary, life of, 268-9. 

Junior members of bar, kindness to, 
41. 

K. 

Kane, James, his generous act, 32. 

Kansas, journey there with Samuel 
C, 333-4. 

Keno table, my adventure with, 13, 
14. 

Kent, club, member of, 183, 186— 
James, his friendship and inter- 
course with him, 26, 32, 39, 40, 51- 
2, 53, 56, 93, 103, 121— Moss, his 
friendship and intercourse with 
him, 69, 72-3, 86, 91— William, in- 
timacy, social and professional, 53, 
93. 103, 110, 121— his death and my 
address, 349. 

Killed, near being, 127 — again, 331. 

Kindness of Mr. and Mrs. Dibble, 
23-4. 

Knitting, my mother and Mariam, 
42-3. 



Lake Erie, passage over it, 163 — 

George and vicinity, visit to, 73-4. 
Languages, French, Spanish, Latin, 

Greek, studv of, 76, 104, 122, 167, 

175, 198. 
Law, began, and mode of study of, 

20-1-2— chart, 24-5. 
La"\vrence, born, 235 — other events 

of his life, 334, 346, 348, 366-7, 373, 

380, 391, 405-6, 410. 
Lawrenceburg, Ind., visit to, 161-2. 
Lebanon Springs, visit to, 153. 
Lecture before Fishkill Landing 

Lyceum, 292 — Geneva Literary As- 



INDEX TO VOLUME I. 



431 



sociation, 370 — Hamilton do., 194— 
Mercantile Library Association, 145- 
-G — Young Men's Association of 
Buffalo, 270— Young Men of Ge- 
neva, and Literary Association of 
do., 270. 

Legislatuke, member of, and duties 
of, 306 to 311, 315 to 325— attention 
to duties of, 315-16. 

Legal Tender Notes, arguments to 
Bupport their constitutionality, 361 
-2. 

Lettee, public, to United States 
Senators of New York, 378-9. 

Liberia, independence of, 265. 

Library, removal to my housa in 
Albany, 76 — of my law library to 
New York, 410. 

Life, mine, in peril, 127, 331 — bar- 
ren, 54, 227— plan of in 1868, 407. 

Lincoln, interview with him, and 
present at cabinet meeting, 346-7-8. 

LiTER.:VRY Association of Geneva, 
lectures before, 270, 370. 

LOCKPORT, visits there, 67, 164. 

LODGIXGS, 103— tired of, 109. 

Long Branch, visit there, 187. 

Lord, Daniel, 118-19. 

Lot on Broadway bought, 167. 



M. 

McAuLEY, Thomas, a wise educator, 
13, 14. 

Mackenzie, Commander, U. S. N., 
article in his defence, 219. 

McMLTiLEN, Mary, long in our ser- 
vice, 251. 

Manager of American Bible So- 
ciety, 320. 

Mansfield, Edward, a friend, 161. 

Margaret, birth, 48 — baptism and 
death, 50. 

Mariam Fowler, first acquaintance 
with, 19 — marriage with, 42 — uni- 
ted with church, 50 — letters from, 
74 — health not good, 84 — near 
death, 120-1 — sickness, death, char- 
acter, presents to me, and burial, 
132 to 136, 146-7. 

Marriage with your mother, 152, 
156. 

Mary, born, 194 — other events of her 
life and death, 199, 282-3, 330-1, 
337, 370, 372, 380, 391. 

Marshall, John, kindness of, 96-7. 

Master of Arts, 126. 

Mathematics, 16, 17. 



Member of Assembly, elected, 303, 
312. 

Memorial against taxation for rail- 
road, 291. 

Men and women of New England 
won our independence, 8. 

Mercantile Library Association, 
lecture before, 145-6. 

Methodist camp-meeting, 23. 

Metropolitan Police, agency in 
creating it, 317. 

Millstone, N. J., speech there, 
231-2. 

Mind does not sleep, 17. 

Mohawk Valley, ride through and 
description of, 59. 

Money, little at college, 16— none 
while studying law, 23 — application 
of, when earned, 26. 

Montreal, visits at and Papal insti- 
tutions, 71, 338. 

Monument over graves of Mariam 
and our daughter, 148. 

Mornings, how passed, 86, 89, 130-1, 
141, 259. 

Mother, (my) self-sacrificing, 11 — 
provision for and residence, 19, 20 
— (your) first acquaintance with 
her, 144 — engagement of marriage 
with her, 156 — marriage, 152, 156 
converted, 166 — baptized and join- 
ed church, 171 — very ill, 186 — de- 
votion to maternal duties, 205-6, 
268-9 — marked maternal act, 242 
— a kind and magnanimous act, 
138 — not well in 1851, and journey 
for her benefit, 281 — same in 1853, 
295 — visits to me at Albany, 311, 
327 — accompanied me to Washing- 
ton, 337 — to the city, 342 — attend- 
ed Alfred in hospital at Philadel- 
phia, 371-2— her death, funeral, 
character, wardrobe, monument, 
393 to 401. 

Mountain House, Catsklll, visits to, 
118, 301. 

Mount Vernon, visit to, 365. 

Mullrose, purchase of, 251 — work 
on completed, 256. 

Music, attempt to learn, 144-5. 

Musing, correction of, 55-6. 

Myers, Charles G., assisted to nomi- 
nate him as Attorney General, 337. 



N. 

Name, spelling of, 7. 

Naval History, arbitrator on, 211-12. 



432 



INDEX TO VOLUME I. 



New England men and women won 
our independence, 8 — tour through. 
llG-17-18— society, 149, lo2-;i 

New Haven, visits to, 81-2, 116, 368. 

New London, visit to, 83. 

Newport, visit to, 82. 

New York, visits to when living at 
Albany, 91, 104r-5, 118, 126— re- 
moval to contemplated, 90-1 — de- 
cided on, 92 — lodgings in, 103. 

Niagara Falls, desire to visit them, 
57— visits to them, 65-6-7, 164, 266, 
377. 

Nomination for county judge de- 
clined, 302 — for Assembly accepted, 
302-3, 312. 

North Adams, visit to, 117. 

Northampton, visits to, 84, 117. 

North, Samuel, ill health, 24^death, 
26. 

Northern New York, visit to, 73-4. 

Nott, Eliphalet, his kindness, 20. 

Nullification, in South Carolina, 98. 

Nurse, death of, 226. 



Office built and occupied, 52. 
Ogdensburg, journey to with Mar- 

iam and Mr. and Mrs. Conkling, 

42-3-4— visits to, 69, 90, 177, 266, 

299, 338. 
Ogden, D. B., 105-6. 
Ohio river, 161— state of, 162-3. 
Onondaga Hollow, visit to, 60-1. 
Opera, first idea of it, 81. 
Oration on 4th of July, 1810, 19. 
Orphan Asylum in Albany, 75 — 

same in New York, argument for, 

128-9 

P. 

Packet boat on canal, ride on, 58. 
Panic in 1857, professional services 

in, 827-8-9. 
Parents, who and what they were, 

7, 8, 9 — their descendants, patriotic, 

8, 9 — their children educated, 9 — 
Christians and strict keepers of the 
Sabbath, 9-10. 

Partnership with brother, 26 — 
with James Edwards, 53 — with 
Wm. Kent, 93— Henry E. Davis, 
115— qualified with Wm. E. Cur- 
tis, 285. 

Pastors of Collegiate church. New 
York, 208-9. 



Patrimony, small, 20. 

Patriotism, evidences of it, 360-1, 
369. 

Phi Beta Keppa Society, address be- 
fore at Schenectady, 291-2. 

Philadelphia, visits to in 1828, 94 
—in 34, 157— in 39, 195— in 64, 
368, 371-2. 

Phillips, Rev. Dr., interviews witli 
him in 1833, 141-2— married your 
mother and me, 156. 

Philomathean Society in Union 
College, member of, 16-17. 

Pine Creek, Pa., excursion to with 
sons and nephew, 271. 

Politics, my first position and act 
in, 45-6-7-8 — supported J.Q. Adams 
for President, 87, 91-2, 98-9-100— 
became a political Anti-mason, 101 
—continued to be, 123-4, 139, 144— 
a Whig, supported Clay and Fre- 
linghuysen for President and Vice- 
President, 230-1-2— became a Re- 
publican and elected a Member of 
Assembly, 302-3. 

Porter, P. B., visit to him, 64. 

Port- Wardens, drew bill for, and 
established Board, 317-18. 

Potatoes dug by light of a lantern, 
11-12. 

POTASHERY, how potasli is made, 
61. 

Prairie, first one seen, 162-3. 

Prayer, first one made in public, 
216. 

Presbyterian Board of Education, 
address for, 156. 

Presidential nominations and elec- 
tion (Clay and Frelinghuysen, can- 
didates), 230-1-2 — my views and 
feelings on the result, 233-4. 

President Lincoln, letter to him, 
359. 

Private station, God's will as to me, 
234. 

Profession in New York, 103-4 — 
full occupation, and retainers de- 
clined, 107 — engagements increased 
in importance, 122— advancement 
in it, 175-6 — very successful in 
1837, 180-1— business large in 1838, 
preparation for arguments easier, 
income from larger than ever be- 
fore, 187 — most important cause 
had ever argued, 192-3 — took near- 
ly all my time in 1839, 195 — unu- 
sually exacting in 1840, allowed 
no summer recreation, prostrated 
by sickness, 197-8-9 — three impor- 



INDEX TO VOLUME I. 



433 



tant services in 42, viz., trial at 
Ithaca, contest between WTiigs and 
Democrats for tlie city government, 
and arbitration between Stone and 
Cooper, 210-11-12 — character of 
engagements in 1833, 143 — in 35, 
167— in 41, 205— in 44, 230— in 49, 
264 — resumed in 1853, in Geneva 
and New York, 285-6 ^ required 
most of my time in 1853, 291 — in 
55, same, 303 — engagements unusu- 
ally numerous in 56, 311-12 — many 
in the city and some in other 
places in 58, 332 — nearly all in the 
city in 59, 336-7 — great labor cast 
on me by John's sickness in 60, 
340 — engaged mostly in the city 
in 61, 344 — same in 62, but 
somewhat in other places, 357 — less 
in the city in 63, 361 — retained by 
Secretary of United States Treas- 
ury, and argued constitutionality 
of Legal Tender Notes, 361-2— re- 
quired only a small part of time 
in 1864, and declined retainers 
in new business, 368 — small por- 
tion only required in 65, 376-7 — 
more in 66, owing to Mr. Curtis' 
illness, 382 — scarcely any in 68, 
407-8 — in 69 argued a last cause in 
Court of Appeals, 412. 

Property, more than needed, vanity, 
87. 

Prospects in life changed, 10-11. 

Providence, R. I., visit there, 83. 

Punishment, unjust, carefully to be 
avoided, 13-14. 



Q. 



Quebec, Canada, visit at, 71-2. 

QuiNCY, Josiah, social intercourse 
with, 83 — Josiah, jr., fellow-trav- 
eler, 65, 68, 72 — social intercourse 
with, 83-4. 



Radcliff, Peter W., an opponent, 
36. 

Railroad, first ride on, 126-7. 

Raymond, Henry J., anecdote of, 
223-4. 

Reading, general, while studying 
law, 22-— snatches of time given to 
in 29, and books thus read, 107-8 — 
same in 35, 167, 170-1 — considera- 
ble in 38, 186-7— little in 40, 198— 



snatches of time, and often in court, 
given to it in 43, 219 — more in 44 
than previous years, 230 — a good 
deal while attending Court of Ap- 
peals in 49, 266 — professional, 123 
— party, family, 171. 

Rebel states, their constitutional 
condition and reconstruction, 378-9. 

Recreation in 1829, 108— in 30, 
118— in 31, 127— in 32, 131, 139— 
in 33, 148-9— in 39, 195— in 40, 
198-9— in 41, 206— in 42, 213— in 
43, 224— in 44, 236— in 45, 244-5— 
in 46, 250— in 50, 271— in 51, 281— 
in 52, 288— in 53, 295 -in 55, 301— 
in 56, 313— in 57, 315— in 58, 333— 
in 59, 337— in 60, 342— in 62, 357— 
in 63, 363-4— in 66, 389— in 68. 
408. 

Recognition in heaven, 401-3-3. 

Referee, actions heard and decided 
in 1851. 280-1— in 53, 291— in 54, 
297— in 55, 303— in 56, 312— in 57, 
327— in 58, 332-3. 

Removal from Albany to New York 
contemplated, 91 — made, 103 — from 
New York to Geneva, and reasons 
for, 253-4-5. 

Republican form of government, 
382-3. 

Residence, beginning of, with your 
mother, 165. 

Return from Geneva to New York 
in 1832, 138. 

Ridge road and incidents on it, 67-8. 

Robert, born, 219 — death and funer- 
al, 241-2. 

Robert Ebenezer, born and bap- 
tized, 242 — other events of his life, 
334, 350, 367, 373-4, 377, 379, 390, 
391-2, 405, 409-10. 

Roberts, Edmund W., a grandson, 
born and baptized, 391. 

RocKAWAY, time spent there, 199, 
200. 

Rochester, first visit there, 68. 

Roman Catholic hierarchy, 57. 

Rules of life, 17-18. 



Sabbath, how kept by my parents, 
and their Sunday room, 9-10 — how 
kept by me, 56, 78, 140-1-3, 149-50, 
151, 165, 172-3, 179, 188-9, 195-6, 
201-2, 208-9, 216, 225, 227, 237-8, 
246, 252, 258, 262-3, 267-8, 272, 
390, 304-5, 313-14 — reading on, 



434 



INDEX TO VOLUME I. 



123, 131 — visits on, 129— traveling 
on, 103 — scliool, clnldren sent to, 
343— instructor in, 266, 271, 289, 
390. 

Sackett's Harbor, visit there, 69. 

St. Lawrence river and rapids, 69- 
70. 

St. Regis, Papal ceremony there, 
70-1. 

Samuel C, born and baptized, 176 — 
his early musical taste, 243 — events 
of his life, his character, and death, 
270-1-3, 283, 288, 298, 303, 333, 
342, 346, 354-5-6-7. 

Sandusky, O., arrival and stay there, 
162-3. 

Sandford, Nathan, a friend, 96. 

Salt, mode of manufacture at Syra- 
cuse, 61. 

Saratoga County, visit to relatives 
there, 288-9. 

Scarlet fever in family, 225-6. 

Schenectady, short and pleasant 
stop there, 177. 

Scholarship at college, 17. 

School house, old red, in Water- 
town, Ct., 10. 

Scott, Winfield, our first acquaint- 
ance, 91 — chess with, 118. 

Scott's Bible, reading of completed, 
261-3. 

ScoviLL, Selah, bought old farm in 
Watertown, Ct., 11-19 — sister, visit 
from, 139. 

Senators, United States, letter to, 
378-9. 

Seward, Wm. H., at Baltimore con- 
vention, 123. 

Shakespeare, read him early, 18. 

Sickness in 1838, 188 — in December, 
40, 200 — cause of it, 197 — continued 
in 41, 203-4-5— in 43, 214— in 44, 
336— in 60, 341. 

Silliman, Benjamin, first acquaint- 
ance, time spent with, 55-6 — his 
tour to Quebec, 57. 

Sisters, met three at Ogdensburg, 
177 — met four at same place, 366. 

Slavery, my views before 1854, 
change of them in that year, 134r-5 
— proposed future action, 398 — my 
views in January, 1856, 311. 

Sleep, hours of it regulated, 19, 86. 

Sleigh purchased, thoughts about 
it, 87. 

Smith, John Cotton, address on his 
death, 241. 

Social duties and enjoyments in 
1822, 53— in 35, 76-7— in 36, 84— 



in 49 when at court away from 
home, 366 — for other years, see 
" Time, how used." 

Social intercourse, obliged to limit 
it, 108. 

SODUS bay, fishing in it, 377. 

Solicitor in chancery, ex gratia, 
33-3. 

Storks, Henry R., a friend, 96. 

Sommerville, N. J., visit to, 334. 

Sons took part in morning devotions, 
359— in army, 345-6, 374-3. 

Sound, Long Island, shore of, 81. 

Speech at political meeting in Al- 
bany in 1830, 51-3— on New York 
city taxes, 308 — on Supply bill, 
318-19 — for other speeches, see 
" Addresses." 

Spencer, Ambrose, 51-2. 

Spiritual life and progress, relig- 
ious thoughts and feelings in 1833, 
53-4-in 33, 55— in 34, 74— in 35, 
75, 78-9— in 36, 79, 84— in 37, 87— 
in 38, 103-3— in 39, 110-11— in 30, 
130-1-3— in 31, 139-30— in 33, 139- 
40-1-3-3— in 33, 149-50-1— in 34, 
165-6— in 35, 171-3-3-4 — in 36, 
178-9-80— in 37, 184-5-6-in 38, 
188-9-90— in 39, 95-6-7 — in 40, 
300-1-2-3— in 41, 207-8-9-10— in 
42, 215-16-17-18— in 43, 225-6-7-8 
_9_in 44, 237-8-9— in 45, 345-6-7 
—in 46, 351-2-3— in 47, 257-8-9-60 
—in 48, 261-3-3— in 49, 367-8-9— 
in 50, 373-3-4— in 51, 383-4-5— m 
53, 289-90— in 53, 295-6— in 54, 
300— in 55, 304-5-6— in 56, 313-14 
—in 57, 330-1-2— in 58, 335-6— in 
59, 339— in 60, 343— in 61, 350— in 
62, 359-60— in 63, 367-8— in 64, 376 
—in 65, 381-2— in 66, 392— in 67, 
406-7— in 68,410-11— in 69, 413-14. 

Springfield, N. J., visits to in 1834, 
165— in 35, 170— in 36, 177— in 37, 
182— in 38, 187— in 39, 195— in 40, 
199— in 41,206— in 43, 213— in 43, 
324, in 44, 236— in 45, 341-3-4— 
in 46, 350— in 47, 354— in 49, 366— 
in 53, 395— in 55, 301— in 60, 342— 
in 62, 355. 

Springs, Warm, Va., 159 — White 
Sulphur, 159. 

Stone, Wm. L., controversy vnih F. 
Cooper, 211-12. 

Store, built for Mr. Campbell, 175-6 
— my own burned, 340. 

Strang, trial of, 89-90. 

Subscribers to relieve me from jail 
became clients, 33. 



INDEX TO VOLUME I. 



435 



Suffrage, my views on, 383-4-5. 

Supreme Court United States, 92, 
96 — of this state, first case in, 33. 

Supply bill, speech on, 318-19-30. 

Synod, General, of Reformed church, 
attended it, 333 — again, and article 
on word " Dutch," 404-5. 

Syracuse, visit to in 1824, 61 — at- 
tended convention in 1859, 337. 



Talcott, Samuel A., 38, 128-9. 

Tariff, action on in 1837, 93 — ^in 
1828, 95, 98-9-100-1. 

Taxes in 1866, injustice and correc- 
tion of, 385-6-7-8-9. 

Temperaxce cause, support of, 167 
-8 — pledge signed, 149 — League, 
president of, 265-6, 271 — prohibi- 
tory law, 301. 

Thanksgiving day, 328 — for like 
notices of this day in other years, 
see " Spiritual life." 

Thomas, born, 354 — baptized, 256 — 
other events of his life, 334, 367-8, 
375, 377, 380, 390, 409, 413. 

Thompson, James, enter his office as 
clerk, 20-1 — Hon. Smith, a friend 
to me, 94, 221 — in his company to 
Washington, 94 — his friendship 
there, 95-6 — on committee of bar to 
attend his funeral, 221 — his charac- 
ter, 231 — designated by the public, 
and recommended by bar as his 
successor, 831-3-3, 330. 

Thoughts controllable, effect of their 
control, 55. 

Thousand Islands, 69. 

Time, waste of it, 54-5 — how used in 
1833, 56— how in 34, 74— in 35, 75 
—in 36, 79— in 37, 87-8, 90— in 38, 97 
-8,105-in39, 107-8-9-in 30, 111-13 
—in 31, 133-3— in 32, 130-1-2, 138 
—in 33, 143-4— in 34, 153, 165— in 
35, 167— in 36, 175-6— in 37, 180-1 
—in 38, 186-7— in 39, 192, 195— 
in 40, 197-8— in 41, 205— in 42, 210 
—in 43, 219— in 44, 339— in 45, 339 
—in 46, 247— in 47, 253-4-5-6— in 
48, 260-1— in 49, 264— in 50, 269-70 
—in 51, 274, 280-1— in 52, 285-6— 
in 53, 291— in 54, 297— in 55. 303-4 
—in 56, 306— in 57. 315— in 58, 332 
—in 59, 336-7-8— in 60, 340-1— in 
61, 344— in 62, 357— in 63, 363— in 
64, 368— in 65, 376-7— in 66, 382— 
in 67, 404— in 68, 407-8— in 69, 413. 



Tobacco, use of abandoned, 53. 

Tompkins County Circuit, trial at, 
210-11. 

Tour to Western New York, Canada, 
Northern New York, 57 to 74 — to 
Boston via Hudson river. Long 
Island Sound, Providence, 80-1-3- 
3-4 — from New York to Water- 
town, Ct., New Haven, Hartford, 
Springfield, North Adams, Albany, 
west side of Hudson river to New 
York, 116-17-18— wedding, 157 to 
165. 

Trees planted on Mullrose, 260. 

Trenton Falls, visits to, 60. 164. 

Troy, journey to on foot, a year 
there, 11, 12, 13. 

Trusts, rule of action as to, 330. 

Twins born, baptized, 274. 



U. 



Union College, grammar school of, 
13, 14 — hard study to enter it, 16 — 
chairman of meeting of alumni, 
220 — duty discharged as committee 
of, 235 — conferred on me degree of 
LL.D. in 1853, 394-5. 



V. 



Valedictory on Court for Correc- 
tion of Errors, 349. 

Van Buren, Martin, 88. 

Van Rensselaer, Stephen, his election 
advocated and biographical notice 
of him, 51-3. 

Van Vechten, Abm., his election ad- 
vocated and biographical notice of 
him, 51-3 — with him at Ballston 
Spa, 56 — address on his death, 
181-3. 

Vermilye, Rev. Thomas E., 116-17. 

Village tax for railroad, memorial 
on, 391. 

Visitors, numerous in 1853, 391. 

Visit with your mother in 1851 to 
relatives at the East, 381 — to chil- 
dren, 408. 

Vivian, an English officer, 65, 68-9, 
71. 

W. 

Wadsworth, General, fellow-trav- 
eler, 59. 
Walworth, Chancellor, friendship 



436 



INDEX TO VOLUME I. 



of, 74, 101-2-3-4— letter from, 
137. 

Washxngton, first visit to, 94-5-6-7 
— mode of traveling to in 1828, 95 
—visits to, 271-2, 337, 346-7-8— 
363, 368, 383. 

Wak of 1812, anxious to enter army, 
45 — of the slaveholders in 1861, my 
views of duty, 344. 

Watektown, Ct., my birth-place, 8 
—visits to, 88-9, 182, 205, 267, 368. 

Weathersfield, Ct., residence of 
ancestor, 7. 

Webster, Horace, brother-in-law, 
visits to, 108, 126, 132, 164— Lucien 
B., a friend, was on my wedding 
tour, 157. 

Wedding of myself and your moth- 
er, 156 — tour, 157 to 165 — anniver- 
sary of, 331 — for other notices of 
this anniversary, see " Spiritual 
life." 

Wells, John, an eminent lawyer, 37, 
39. 

Western New York, visit to contem- 
plated, 57— made, 58 to 64, 66-7-8. 

West Point, visits to, 91, 118, 127, 
150, 170. 

Weston, N. J., visits to, 244, 267. 

Whigs and Democrats,contest for city 
government, my arguments on, 211. 

Whipple, Mrs., trial of, 89-90. 

White Mountains, visit to, 337-8. 

Whittredge, W., engaged to Eu- 
phemia, 391 — ^married to her, 406. 



William born, 266 — baptized, 271— 
other events of his life, 367, 376, 
377, 380, 390, 406. 

WiLLiAMSTowN, Mass., visit to, 282. 

Will made in 1825, 77-8— in 1842, 
214-15— m 1866, 215. 

Wirt, Wm., intercourse with him, 
96, 123-4. 

Wilson, W. D., his and my pam- 
phlet, 362 — his and my speech, 408- 
9-10. 

Wine given up, 255. 



Y. 

Years, 1803, 1804, 1805, 9-10-11-12 
—year 1806, 13—1807, 15—1810, 19 
—11, 21—12, 24-5—13, 25-6—14, 
26-7-8-9-30-1-2—15, 33-4—16, 34 
-5—17, 36, 47-8—18, 37-8-9, 42— 
19, 39-40-1, 43—20, 40, 50—21, 51 
-2—22, 41, 53—23, 54—24, 57—25, 
75—26, 79—37, 87—28, 94—29, 107 
—30, 111—31, 122—32, 130—33, 
143—34, 152—35, 166—36, 174—37, 
180—38, 186—39, 190—40, 197—41, 
203—42, 210-43, 219—44, 229—45, 
239—46, 247—47, 253—48, 260—49, 
264—50, 269—51, 274—52, 285—53, 
291—54, 297—55, 301—56, 306—57, 
315—58, 332—59, 336—60, 339—61, 
344—62, 350—63, 360—64, 368—65, 
376—66, 382—67, 392—68, 407—69, 
411. 









.-v'?-- 






A-^ 



S-^ 






,0 O 



\' -' 






S. 



cSr- 



- ■>^^' -^ 






.0 o. 












-> . s *> ^^ '' . " • >■ 









.^ 



.N , N .. 



c^^v 






^^. 



o^ 






^^. * O K ^ 4O 


















^.^' 


■* 




f- "' 


;^\ 




■J 








y' ' 


« ♦ 


-v 



A"^ 



^^.. 






\^' '-^. 



"^r 



0.'^' 






.^^ 









O. // 



1 '''f' 






.•0- 






xV.y 






^-^^-^V 









-<- 



V v^^ 



,0 



vO 






'^^>,/' 

^^%. 






.*^' 



'■p. 









" 


0^ 










^^' 


■^^^ 


i.^'T 


1 A* 


''/ 






^ 


c 




\' 


N "" 


■' y 




'p 












%■ 


.^^ 










0^ 


% 

















"ti^ v^^ 



o- ,-0- , 



o"^' 



>^ '''^- 



^^. 



.^'^^ ^ 






e- 









A^ 



'00^ 



^A s^ 






.^^ ■''e 



,-^' 



\4 



^^ .-^- 


















■ ^ 


0' 








1 V '' 






* -, vO-> 


1 


C- 




\ ■ • - 


' /, '^ 






%. 


•<^- 






%/ 




' ft 1, 




'''\<1> 


"^ '. , 


* , o- -0 


■ ^v '■■ 


* 


y^^^. "' 




I. < 


-oo^ 






^/. 




.. ~ .^-^ -^c. 






. i"\ 


''"- 








.0- 



-^■ 






-J.- 



'■•"/ 



''<. 


'^^" 




^'- 


^r- 


"^:> ^ 


o ^ 


'■ 


/:. '-', 



cP'.^ 






o'v-' 















% .^^ 






,, I 1 B 






-oO^ 



'^ ,,*^ 



N^" 






ci- '■ ^^^'^^ * ( 




, ^-- * '^ N - O^ 








,s^'^. ' 






.-". -^c. 












/ 






^. 



■A^' 







